D'Allessandro v. P.F.L. Life Insurance

The opinion of the court was delivered by

A.A. RODRIGUEZ, J.S.C.

(temporarily assigned).

Plaintiff is the named beneficiary of an accident insurance policy issued by P.F.L. Life Insurance Company (defendant) to her son Gregory. Gregory was killed instantly when struck by a car while he was preparing to attach a disabled car to his tow-truck on a public highway. Plaintiff filed a claim. Defendant paid the accidental death benefit ($7,000) but declined to pay the benefit for death arising out of the operation on a conveyance ($20,000), asserting that Gregory was a pedestrian when struck. The Law…