Konopelski v. State Farm Mutual Automobile Insurance

The opinion of the court was delivered by

BRODY, J.A.D.

Defendant issued two standard automobile policies to Joseph Backowski and his wife. They are identical except that one covers a pickup truck and the other a sedan. Plaintiffs decedent was a passenger in the truck when Joseph Backowski accidentally drove it into a tree, causing the decedent’s death. Defendant has offered to settle the resultant wrongful death action against Backowski for $100,000, the coverage limit afforded under the truck policy. Plaintiff contends in this declaratory judgment action that the $100,000 coverage afforded…