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VASSILIU v. DAIMLER CHRYSLER CORP.

813 A.2d 608 (2000)

356 N.J. Super. 546

Christine R. VASSILIU, as General Administratrix and as Administratrix ad Prosequendum of the Estate of Hristos Vassiliu, Deceased, Plaintiffs, v. DAIMLER CHRYSLER CORPORTION, Mt. Ephraim Dodge, Inc., Foulke Management Corporation and Shaun L. O'Brien, jointly, severally, or in the alternative, Defendants, Christine R. Vassiliu, as General Administratrix and as Administratrix ad Prosequendum of the Estate of Hristos Vassiliu, Deceased, Plaintiffs, v. Prudential Property & Casualty Insurance Company; Selective Insurance Company and Parkway Insurance Company, Defendants.

Superior Court of New Jersey, Law Division, (Civil), Camden County.

Decided December 18, 2000.

Attorney(s) appearing for the Case

Louis J. DeVoto, Ferrara, Rossetti & DeVoto, Cherry Hill, for Plaintiffs.

Stephen G. Sobocinski, Marlton, Tucker & Munyon, for Defendant, Selective Insurance Company.

Barbara J. Davis, Marshall, Dennehey, Warner, Coleman & Goggin, Cherry Hill, for Defendant, Prudential Property & Casualty Insurance Company.

COOK, J.S.C.

This case presents an issue of first impression: should a wrongful death action and a survival action be considered as two separate claims, for purposes of determining the coverages available under "per person" or "per injury" split limits liability, uninsured motorist (UM) or underinsured motorist (UIM) insurance policies? The answer must be in the affirmative, since by statute, and under the recent pronouncement of the Supreme Court in Smith v. Whitaker...

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