WINANS CARTER CORP. v. JAY & BENISCH


103 N.J. Super. 389 (1968)

247 A.2d 361

WINANS CARTER CORPORATION, A NEW JERSEY CORPORATION, PLAINTIFF, v. JAY & BENISCH, A NEW JERSEY PARTNERSHIP, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided October 29, 1968.


Attorney(s) appearing for the Case

Mr. Alan R. Chesler for plaintiff (Messrs. Lowenstein, Sandler, Brochin & Kohl, attorneys; Mr. Chesler on the brief).

Mr. Allan Maitlin for defendant (Messrs. Feuerstein & Sachs, attorneys; Mr. Maitlin and Mr. Leonard Rosenstein on the brief).


CAMARATA, J.S.C.

Plaintiff sues defendant, an insurance broker, for failure to change an endorsement on a fire insurance policy written by defendant and issued by Commerce & Industry Insurance Company (Commerce Co.). The suit is in two counts (1) negligence and (2) breach of contract.

Plaintiff seeks summary judgment; defendant seeks leave to file an amended answer to set up the defense of contributory negligence and moves for summary judgment.

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