De Almeida v. General Accident Insurance Co. of America

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. Plaintiffs 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 held there was no coverage because decedent was not “occupying” his employer’s truck at the time of the accident. We are told that the…