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RESTAURANT ENTERPRISES, INC. v. SUSSEX MUT. INS.

96 N.J. Super. 26 (1967)

232 A.2d 434

RESTAURANT ENTERPRISES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. THE SUSSEX MUTUAL INSURANCE COMPANY, A CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY AND JOSEPH J. PAGGI, T/A PAGE AGENCY, JOINTLY AND SEVERALLY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 10, 1967.

Attorney(s) appearing for the Case

Mr. H. Hurlburt Tomlin argued the cause for appellant (Messrs. Adamo & Pagliughi, attorneys).

Mr. Samuel A. Gennet argued the cause for respondent, The Sussex Mutual Insurance Company (Mr. Aram R. Schefrin on the brief).

Mr. Arthur Montano argued the cause for respondent, Joseph J. Paggi (Messrs. Kisselman, Devine, Deighan & Montano, attorneys; Mr. F. Herbert Owens, III, on the brief).

Before Judges CONFORD, FOLEY and LEONARD.

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

This action, tried before a jury, was brought on a purported binder for a fire insurance policy to recover the amount of the alleged coverage for fire loss, and also against an insurance agent for negligence in effecting the insurance should the policy be held not to have been in existence when the loss took place. Defendants cross-claimed against each other...

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