AMER. POLICYHOLDERS' INS. CO. v. PORTALE


88 N.J. Super. 429 (1965)

212 A.2d 668

AMERICAN POLICYHOLDERS' INSURANCE COMPANY, A CORPORATION OF THE STATE OF MASSACHUSETTS, PLAINTIFF-APPELLANT, v. JOSEPH P. PORTALE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 20, 1965.


Attorney(s) appearing for the Case

Mrs. Sylvia B. Pressler argued the cause for appellant (Mr. J. Edward Bennett, attorney; Mr. Richard D. Bennett, of counsel).

Mr. Rolf G. Schudel argued the cause for respondent (Messrs. Darling & Jobes, attorneys).

Before Judges KILKENNY, GAULKIN and LEWIS.


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

On May 3, 1962 plaintiff American Policyholders' Insurance Company, a preferred risk underwriter, issued its automobile liability policy to defendant Joseph P. Portale, who subsequently, on January 4, 1963, became involved in an automobile accident in which a pedestrian was killed. The fourth day of the following month, plaintiff tendered the insurance premiums that had been paid, gave notice that the policy...

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