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HEAKE v. ATLANTIC CASUALTY INS. CO.

29 N.J. Super. 242 (1954)

102 A.2d 385

MARTHA H. HEAKE, EXECUTRIX UNDER WILL OF JOHN H. HEAKE, JR., DECEASED, PLAINTIFF-RESPONDENT, v. ATLANTIC CASUALTY INSURANCE COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT. EDWARD GARGANO, AN INFANT, BY HIS FATHER AND GUARDIAN AD LITEM, MICHAEL GARGANO, PLAINTIFFS-RESPONDENTS, v. AUTOMOBILE ASSOCIATION OF NEW JERSEY, A NEW JERSEY CORPORATION, AND ATLANTIC CASUALTY INSURANCE COMPANY, A NEW JERSEY CORPORATION, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 14, 1954.

Attorney(s) appearing for the Case

Mr. Joseph C. Haines argued the cause for plaintiff-respondent Martha H. Heake, executrix, etc.

Mr. James Hunter, III argued the cause for plaintiff-respondent Edward Gargano, an infant, etc. (Messrs. Boyle, Archer & Greiner, attorneys).

Mr. Harry Green argued the cause for defendants-appellants.

Before Judges EASTWOOD, JAYNE and FRANCIS.

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

The primary question for determination on this appeal is whether or not, under the circumstances presented, failure of the assured to read his policy of automobile liability insurance and thus to discover certain alleged limitations on the coverage provided, relieves the carrier of liability thereunder.

The record discloses that on January 14, 1952 the infant, Edward Gargano, then age 17 years, while...

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