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BEIM v. HULFISH

A-33-12, A-34-12 September Term 2012, 071025

83 A.3d 31 (2014)

216 N.J. 484

Robert B. BEIM and Franklyn Z. Aronson, as Co-Executors of the Estate of John G. Kellogg and Barbara Kellogg, Franklyn Z. Aronson as Trustee of the Anne D. Kellogg Marital Trust and Judith Medina and Prudence Krause, Plaintiffs-Respondents, v. Trevor R. HULFISH and Teresa Cupples, Defendants-Appellants, and Russell Marks, Jr., and Patricia H. Marks, Defendants, and Chubb Insurance Company of New Jersey, Defendant/Intervenor-Appellant.

Supreme Court of New Jersey.

Decided January 28, 2014.

Attorney(s) appearing for the Case

Richard J. Mirra , New Brunswick, argued the cause for appellants Trevor R. Hulfish and Teresa Cupples (Hoagland, Longo, Moran, Dunst & Doukas, attorneys).

John M. Bashwiner , Cedar Grove, argued the cause for appellant Chubb Insurance Company of New Jersey ( Bashwiner and Deer , attorneys; Mr. Bashwiner and Joseph A. Deer , on the briefs).

Jerrold Kamensky , Trenton, argued the cause for respondents (Kamensky Cohen & Riechelson, attorneys; Mr. Kamensky and Kristin J. Teufel , Cherry Hill, on the brief).

Justice PATTERSON delivered the opinion of the Court.

Under the Wrongful Death Act (the Act), N.J.S.A. 2A:31-1 to -6, the heirs of a person who has died by virtue of "a wrongful act, neglect or default" may assert a claim for their "pecuniary injuries." N.J.S.A. 2A:31-1, -5. The Court considers, for the first time, whether the Act authorizes claims for damages in the form of estate taxes paid by the decedent's estate.

John Kellogg, ninety-seven...

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