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DeMOORS v. ATLANTIC CASUALTY INSURANCE COMPANY

1 N.J. Super. 1 (1948)

61 A.2d 511

ARTHUR DeMOORS, PLAINTIFF-RESPONDENT, v. ATLANTIC CASUALTY INSURANCE COMPANY OF NEWARK, NEW JERSEY, A CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 11, 1948.

Attorney(s) appearing for the Case

Mr. Harry Kay, for plaintiff-respondent.

Mr. David Green (Messrs. Harkavy & Lieb, of counsel), for defendant-appellant.

Before Judges JACOBS, EASTWOOD and BIGELOW.

The opinion of the court was delivered by EASTWOOD, J.A.D.

Plaintiff sued defendant insurance company for damages to his automobile under the collision liability provisions of an insurance policy, less $25 deductible under the terms thereof. The defense interposed was that plaintiff had breached the terms of the insurance contract, in that he had falsely stated his place of residence and place where the insured automobile would be principally garaged. The address...

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