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AQUILIO v. CONTINENTAL INS.

310 N.J. Super. 558 (1998)

JOY ANN AQUILIO, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JOHN AQUILIO JR., DECEASED, PLAINTIFF-RESPONDENT, v. CONTINENTAL INSURANCE CO. OF NEW JERSEY, DEFENDANT-APPELLANT, ROYAL INSURANCE COMPANY OF AMERICA AND ST. PAUL MERCURY INSURANCE COMPANY AND/OR THE ST. PAUL PROPERTY & LIABILITY INSURANCE CO., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 31, 1998.

Attorney(s) appearing for the Case

Daniel J. Pomeroy argued the cause for appellant (Mortenson and Pomeroy, attorneys; Mr. Pomeroy and Karen E. Heller on the brief).

Frederic J. Rossi argued the cause for respondent (Mr. Rossi and William R. Marth on the brief).

Before Judges KEEFE, PAUL G. LEVY and WECKER.

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

Defendant, Continental Insurance Company ("Continental"), appeals from the entry of summary judgment in favor of plaintiff, Joy Ann Aquilio (Aquilio), and the denial of its own motion for summary judgment. The parties dispute the amount of the total death benefit due plaintiff as the widow and Executrix of the Estate of John Aquilio, under the automobile insurance policy issued to plaintiff by Continental. As...

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