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FREDERICKS v. FARMERS REL. INS. CO. OF N.J.

80 N.J. Super. 599 (1963)

194 A.2d 497

ALBERT FREDERICKS, PLAINTIFF-APPELLANT, v. THE FARMERS RELIANCE INSURANCE COMPANY OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 22, 1963.

Attorney(s) appearing for the Case

Mr. Frank A. Paglianite argued the cause for appellant.

Mr. Thomas R. Farley argued the cause for respondent (Messrs. Farley & DeFilippo, attorneys).

Before Judges CONFORD, FREUND and SULLIVAN.

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

Plaintiff sued on a fire policy issued by the defendant for loss by smoke damage to his dwelling. The answer, among other things, set up as a defense the policy condition that action thereon be "commenced within twelve months next after the inception of the loss," the action here having been instituted some 27 months after the loss. A motion for summary judgment...

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