NEWMAN v. GREAT AMERICAN INS. CO.


86 N.J. Super. 391 (1965)

207 A.2d 167

WALTER A. NEWMAN, JR., AND DAVID G. NEWMAN, PLAINTIFFS-APPELLANTS, v. GREAT AMERICAN INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 3, 1965.


Attorney(s) appearing for the Case

Mr. Marvin D. Perskie argued the cause for plaintiffs (Messrs. Perskie & Perskie, attorneys).

Mr. Marshall Crowley argued the cause for defendant (Messrs. Toner, Crowley, Woelper & Vanderbilt, attorneys).

Before Judges GAULKIN, FOLEY and LEWIS.


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

Plaintiffs' beachfront summer home and its contents, located in Avalon, were destroyed on March 7, 1962 during a severe storm. Plaintiffs sued defendant for the loss upon a policy which covered "direct loss by windstorm." Defendant contended that the loss was not caused by windstorm but by the storm-tossed sea, or by the combined action of wind and waves, for...

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