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Funk v. Allstate Insurance Co.

New Jersey Superior Court, Appellate Division


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

[172 NJSuper Page 458]

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 disability. The circumstances with which we deal are thus distinguishable and clearly beyond the coverage mandated by the statute or in the policy.

19800304


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