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GALANTE v. MAY

835 A.2d 352 (2003)

364 N.J. Super. 284

Anthony GALANTE, Individually, and as Administrator Ad Prosequendum and General Administrator of the Estate of Jeanine M. Galante, deceased, Plaintiff/Respondent, v. Michael A. MAY, Federick J. May, Kevin Moore, Silbina May, as an interested party, Allstate Insurance Company, Defendants, and Liberty Mutual Insurance Company, Defendant/Appellant.

Superior Court of New Jersey, Appellate Division.

Decided November 18, 2003.

Attorney(s) appearing for the Case

John T. Sullivan argued the cause for appellant (Lamb, Hartung, Kretzer, Reinman & DePascale, attorneys; Mr. Sullivan on the brief).

Kenneth T. Gallo, Ridgewood, argued the cause for respondent (Gallo & Gallo, attorneys; Mr. Gallo on the brief).

Before Judges KESTIN, CUFF and WINKELSTEIN.

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

In this insurance coverage case we are asked to decide whether the existence of a survival action and a wrongful death action arising out of the death of a single person each trigger a separate "per person" coverage under a split limit liability policy, with limits of $100,000 "per person," and $300,000 "per accident." The Law Division judge concluded that because...

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