DURBACK v. FIDELITY & GUARANTY INS. CORP.


17 N.J. Super. 160 (1951)

85 A.2d 315

MOLLY DURBACK, PLAINTIFF, v. FIDELITY & GUARANTY INSURANCE CORPORATION, A CORPORATION, DEFENDANT.

Superior Court of New Jersey, Essex County Court Law Division.

Decided December 5, 1951.


Attorney(s) appearing for the Case

Mr. Herbert J. Kenarik, attorney for the plaintiff.

Mr. William P. Braun, attorney for the defendant.


CONLON, J.C.C.

This is an action on an insurance policy and is submitted upon an agreed stipulation of facts which may be summarized as follows:

On August 4, 1950, defendant issued an "Automobile Physical Damage Policy" to the plaintiff Molly Durback and one James Feeney, the latter not being a party to the action. The policy covered a Buick estate wagon purchased at a cost of $1,695 and valued as of September 28, 1950, at $1,437.50. Of the down-payment of...

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