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DE ALMEIDA v. GENERAL ACC. INS.

714 A.2d 967 (1998)

314 N.J. Super. 312

Ofelia De ALMEIDA, Individually and as Executrix of the Estate of Arlindo DeAlmeida, Jr., Deceased, Plaintiff-Appellant, v. GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 30, 1998.

Attorney(s) appearing for the Case

Anthony J. Monaco, Freehold, for plaintiff-appellant (D. Bruce Unger, Marlboro, attorney; Mr. Unger, on the brief).

Warren Usdin, Livingston, for defendant-respondent (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; Elliott Abrutyn, of counsel; Mr. Usdin, on the brief).

Before Judges STERN and KIMMELMAN.

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

Plaintiff, individually and as executrix of her husband's estate, appeals from the dismissal of her complaint seeking underinsured motorist ("UIM") benefits. Plaintiff's husband ("decedent") was struck and killed while loading construction cones and signs onto his employer's truck at a work site on the Garden State Parkway. Plaintiff seeks UIM benefits from the carrier of decedent's employer. The trial judge...

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