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KNOX v. LINCOLN GENERAL INS. CO.

304 N.J. Super. 431 (1997)

CONNIE KNOX AND ROBERT M. KNOX, JR., GENERAL ADMINISTRATRIX/ADMINISTRATOR AND ADMINISTRATRIX/ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF ELEANOR M. KNOX, DECEASED, PLAINTIFFS-APPELLANTS, v. LINCOLN GENERAL INSURANCE CO., DALTON A. DILL, WALKER SERVICES, RONALD H. DOWNS, STATE OF NEW JERSEY, ANTHONY DESALIS, MICHAEL SALLADINO, DANIEL SIMPSON, RICHARD EVANS, RAUL FIGUEROA, PATRICK LAVIN, ABRAHAM MORALES, MICHAEL MORRIS, AND HARRY R. PARKER, DEFENDANTS, AND HARLEYSVILLE INSURANCE CO., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided September 26, 1997.

Attorney(s) appearing for the Case

William C. Popjoy, III argued the cause for appellants (Hoffman, DiMuzio & Hoffman, attorneys; Mr. Popjoy, on the brief).

Mark B. Shoemaker argued the cause for respondent (Gercke, Dumser & Feld, attorneys; Mr. Shoemaker, on the brief).

Before Judges LONG, STERN and KIMMELMAN.

The opinion of the court was delivered by KIMMELMAN, J.A.D.

In this declaratory judgment action, plaintiffs, the general representatives and administrators ad prosequendum of the estate of their mother, Eleanor M. Knox, who was severely injured and later died as a result of a rear-end automobile collision, appeal from a summary judgment entered July 26, 1996, in favor of defendant Harleysville Insurance Co. (Harleysville). The motion judge rejected plaintiffs' claim...

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