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Funk v. Allstate Insurance Co.

Decided: March 4, 1980.

FRANCES L. FUNK, ADMINISTRATOR OF THE ESTATE OF JOSEPH F. ULEAU, JR., PLAINTIFF-APPELLANT,
v.
ALLSTATE INSURANCE COMPANY, DEFENDANT-RESPONDENT



On appeal from the Superior Court, Law Division, Burlington County, whose opinion is reported at 169 N.J. Super. 226.

Fritz, Kole and Lane.

Per Curiam

We affirm substantially for the reasons set forth by Judge Haines in his opinion in the trial court, 169 N.J. Super. 226 (Law Div.1979), except that our agreement with that opinion should not be deemed to reflect a unanimous agreement on our part with the expression of our brethren in Clay v. N.J. Special Joint Underwriting Ass'n , 160 N.J. Super. 188 (App.Div.1978). We need not undertake a reconsideration of the principles of Clay at this time since appellant's decedent was not and, of course, now can never be in an occupational status because of his ...


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