ATLANTIC CASUALTY INSURANCE CO. v. BINGHAM


10 N.J. 460 (1952)

92 A.2d 1

ATLANTIC CASUALTY INSURANCE COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. STANLEY BINGHAM, WILLIAM J. DONNELLY, JAMES CLARKIN AND MICHAEL ZUKOTYNSKI, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided November 3, 1952.


Attorney(s) appearing for the Case

Mr. Jerome S. Lieb argued the cause for appellant (Messrs. Harkavy & Lieb, attorneys).

Mr. David E. Feldman argued the cause for respondent William J. Donnelly (Messrs. Furst, Furst & Feldman, attorneys).

Mr. William Gelfond, attorney for respondent James Clarkin.


The opinion of the court was delivered by WACHENFELD, J.

Stanley Bingham was the owner and operator of an automobile involved in an accident in which a taxi owned by William J. Donnelly was damaged. James Clarkin and Michael Zukotynski, passengers in the cab, were injured.

All were made defendants in a suit brought by the appellant insurance company in which it sought to cancel, ab initio, a policy of insurance issued to Bingham insuring him against...

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