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RESTAURANT ENTERPRISES, INC. v. SUSSEX MUTUAL INS. CO.

52 N.J. 73 (1968)

243 A.2d 808

RESTAURANT ENTERPRISES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, 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-APPELLANTS.

The Supreme Court of New Jersey.

Decided June 3, 1968.

Attorney(s) appearing for the Case

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

Mr. Samuel A. Gennet argued the cause for defendant-appellant The Sussex Mutual Insurance Company, a corporation authorized to do business in the State of New Jersey.

Mr. Arthur Montano argued the cause for defendant-appellant Joseph J. Paggi, t/a Page Agency (Messrs. Kisselman, Devine, Deighan & Montano; Mr. F. Herbert Owens, III, on the brief).

The opinion of the court was delivered by HANEMAN, J.

The trial of this action resulted in a verdict of no cause of action in favor of Sussex Mutual Insurance Company (Sussex Mutual) in plaintiff's suit on a purported fire insurance binder and no cause of action in favor of Joseph Paggi, an insurance agent, in plaintiff's suit for the negligent processing of an insurance application. The jury returned no verdict on the cross-claims filed between defendants. The Appellate...

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