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FINLEY v. FACTORY, ETC., INS. CO. OF AMERICA

38 N.J. Super. 390 (1955)

119 A.2d 29

ROBERT B. FINLEY, PLAINTIFF, v. FACTORY MUTUAL LIABILITY INSURANCE COMPANY OF AMERICA, A CORPORATION OF THE STATE OF RHODE ISLAND, DULY LICENSED TO DO BUSINESS IN THE STATE OF NEW JERSEY; ATLANTIC CASUALTY INSURANCE COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, AND BARBARA FRANTZ, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided December 13, 1955.

Attorney(s) appearing for the Case

Messrs. Harkavy & Lieb, attorneys for the plaintiff.

Mr. Chas. C. Stalter, attorney for the defendant Factory Mutual Liability Insurance Company.

Mr. Richard D. Porter, attorney for the defendant Atlantic Casualty Insurance Company.

GAULKIN, J.C.C. (temporarily assigned).

The question here is whether this is a proper case for declaratory judgment. That is a question of paramount importance in every declaratory judgment action for, as Judge Clapp warned in Utility Blade & Razor Co. v. Donovan, 33 N.J.Super. 566, 571 (App. Div. 1955), "an unwarranted use of the declaratory action, may turn a valuable remedy into a nuisance."

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