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VASSILIU v. DAIMLER CHRYSLER CORP.

839 A.2d 863 (2004)

178 N.J. 286

Christine R. VASSILIU, individually, as General Administratrix and as Administratrix ad Prosequendum of the Estate of Hristos Vassiliu, Deceased and as Guardian ad Litem for Christina R. Vassiliu, a minor, Plaintiff-Respondent, v. DAIMLER CHRYSLER CORPORATION, Mt. Ephraim Dodge, Inc., Shaun L. O'Brien, Scott Rhodes, John Does # 1-5, (fictitious names of drivers of vehicles involved in the subject collision); John Does # 6-10, (fictitious names of owners of vehicles involved in the subject collision and or employers of any drivers); John Does # 11-20, (fictitious names of individuals, sole proprietorships, partnerships, corporations or governmental entities involved in the retail sale, distribution, assembly, installation, design, repair, maintenance, manufacture or wholesale of the subject, product and/or any of its component parts); John Does # 21-25, (fictitious names of individuals, sole proprietorships, partnerships, corporations or governmental entities who repaired the product); John Does # 26-30, (fictitious names of individuals, sole proprietorships, partnerships, corporations or governmental entities who inspected the product); 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, Plaintiff-Respondent and Cross-Appellant, v. Prudential Property & Casualty Insurance Company, Defendant-Appellant and Cross-Respondent, and Selective Insurance Company, Defendant-Respondent and Cross-Respondent, and Parkway Insurance Company, Defendant.

Supreme Court of New Jersey.

Decided January 22, 2004.

Attorney(s) appearing for the Case

Daniel J. Pomeroy, Springfield, argued the cause for appellant and cross-respondent (Mortenson and Pomeroy, attorneys; Mr. Pomeroy and Karen E. Heller, New York City, on the briefs).

Louis J. DeVoto, Cherry Hill, argued the cause for respondent and cross-appellant (Ferrara, Rossetti & DeVoto, attorneys; Mr. DeVoto and Jennifer A. Deiter, on the brief).

Stephen G. Sobocinski, argued the cause for respondent and cross respondent (Tucker & Munyon, attorneys).

Susan Stryker, Trenton, submitted a brief on behalf of amici curiae Alliance of American Insurers, American Insurance Association, National Association of Independent Insurers and Insurance Council of New Jersey (Sterns & Weinroth, attorneys; Ms. Stryker and Mitchell A. Livingston, on the brief).

Kevin Haverty, on behalf of amicus curiae The Association of Trial Lawyers of America-New Jersey, relied up on the brief submitted to the Appellate Division (Williams, Cuker & Berezofsky, attorneys).

Justice VERNIERO delivered the opinion of the Court.

This is an insurance coverage case. Plaintiff commenced a survival action and wrongful death action arising out of her husband's death due to an automobile accident. Specifically, the decedent died of injuries that he had sustained when his van was struck by another vehicle. The principal question is whether plaintiff's actions trigger separate "per person" coverage claims under a split limit insurance policy or...

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