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ASBELL v. PEARL ASSURANCE CO., LTD.

59 N.J. Super. 324 (1960)

157 A.2d 728

NATHAN ASBELL, MILTON ASBELL AND JOSEPH ASBELL, PLAINTIFFS-APPELLANTS, v. PEARL ASSURANCE COMPANY, LTD., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 1, 1960.

Attorney(s) appearing for the Case

Mr. Sidney P. McCord, Jr., argued the cause for plaintiffs-appellants (Mr. Joseph Asbell and Messrs. Starr, Summerill and Davis, attorneys).

Mr. William G. Bischoff argued the cause for defendant-respondent (Messrs. Taylor, Bischoff and Neutze, attorneys).

Before Judges GOLDMANN, CONFORD and FREUND.

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

Plaintiffs sued on two fire policies for losses resulting from two separate fires to a small, unoccupied store building in Camden, one on August 27, 1957 and the other on September 12, 1957. Judge Wick, sitting in the Law Division without a jury, allowed a recovery of $3,000 in respect to the first loss but denied the claim for the second on the ground that there had been an increase of the hazard within the...

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