Appellate Division Speaks Again

On November 18, 2003, the Appellate Division of the New Jersey Superior
Court reversed a Trial Court decision on the issue of whether survival act and
wrongful death act claims trigger a single policy limit or twice that policy limit. Anthony Galante v. Michael A. May, et al v. Liberty Mutual Insurance Company,
Superior Court of New Jersey, Appellate Division, Docket No: A 2248 02T5

The Trial Judge ruled that where the applicable insurance policy limits were $100,000.00 per person and $300,000.00 per accident, the sum of $200,000.00 would be available, $100,000.00 for the survival act claim and $100,000.00 for the wrongful death act claim.

However, the Appellate Division disagreed and construed the Liberty Mutual Insurance policy language on its face as requiring a single $100,000.00 limit for all claims under both acts.

Appellate Division Speaks Again.pdf