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TOMAIUOLI v. U.S. FIDELITY AND GUARANTY CO.

75 N.J. Super. 192 (1962)

182 A.2d 582

SILVIA TOMAIUOLI, EXECUTOR OF THE ESTATE OF FRANK TOMAIUOLI, DECEASED, AND SILVIA TOMAIUOLI, INDIVIDUALLY, PLAINTIFF-APPELLANT, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, A CORPORATION DOING BUSINESS IN THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 22, 1962.

Attorney(s) appearing for the Case

Mr. Rudolph Markowitz argued the cause for appellant (Mr. Fred Feinberg, of counsel).

Mr. Gerald F. O'Mara argued the cause for respondent (Messrs. O'Mara, Schumann, Davis & Lynch, attorneys).

Before Judges GOLDMANN, FREUND and FOLEY.

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

Plaintiff appeals from a judgment non obstante veredicto entered pursuant to R.R. 4:51-2, on the ground that plaintiff's proofs failed to establish a claim for relief as a matter of law.

The action was brought to recover the proceeds of an accident insurance policy issued by defendant to plaintiff's deceased husband. The policy contained a death benefit of $10,000, for which an annual premium...

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