MORGAN v. PRUDENTIAL INS.


242 N.J. Super. 638 (1990)

577 A.2d 1300

LOIS MORGAN, INDIVIDUALLY AND AS ADMINISTRATRIX AD PROSEQUENDUM AND GENERAL ADMINISTRATRIX OF THE ESTATE OF ANN NANCE, DECEASED, PLAINTIFF-APPELLANT, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 18, 1990.


Attorney(s) appearing for the Case

Kenneth J. Fost argued the cause for appellant (Kenneth J. Fost, attorney; John E. Nolan, on the brief).

Randi S. Greenberg argued the cause for respondent (Robert A. Auerbach, attorney; Randi S. Greenberg, on the brief).

Before Judges J.H. COLEMAN and BRODY.


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

This is an action for the payment of personal injury protection (PIP) death benefits pursuant to N.J.S.A. 39:6A-4 (the statute). The decedent, a named insured in an automobile liability insurance policy issued by defendant, was shot to death by her estranged husband, a Newark Special Police Officer. At the time of the shooting, about 2:00 a.m., she was double parked. Her husband had just triple parked...

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