MT. VERNON FIRE INS. CO. v. GILLIAN


95 N.J. Super. 279 (1967)

230 A.2d 892

MOUNT VERNON FIRE INSURANCE COMPANY, A CORP. OF THE STATE OF PENNSYLVANIA, AND QUAKER AGENCY, INC., A CORP. OF THE STATE OF NEW JERSEY, PLAINTIFFS-APPELLANTS, v. DAVID GILLIAN, IRENE GILLIAN, ROBERT GILLIAN, LILLIAN GILLIAN, ROY GILLIAN AND JEAN GILLIAN, T/A GILLIAN AMUSEMENT CO., INC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 8, 1967.


Attorney(s) appearing for the Case

Messrs. Friedman & D'Alessandro, attorneys for appellants (Mr. Edward G. D'Alessandro on the brief).

Messrs. Carpenter, Bennett & Morrissey, attorneys for respondents (Mr. Jerome J. Graham, Jr. of counsel).

Before Judges CONFORD, FOLEY and LEONARD.


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

This is an action by an insurance carrier and its agent to recover unpaid premiums from an insured.

In the spring of 1961 defendants, New Jersey residents, advised Frederick M. Hudson (Hudson), a broker in Philadelphia licensed to do business in New Jersey, of their desire to obtain a comprehensive liability insurance policy. Unable to place this risk himself, Hudson contacted Excess Underwriters, Inc...

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