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C.J. SIMONS & CO. v. AM. MUT. LIAB. INS. CO.

107 N.J. Super. 209 (1969)

257 A.2d 743

C.J. SIMONS & CO., A NEW JERSEY CORPORATION, PLAINTIFF, v. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, A CORPORATION AUTHORIZED TO DO BUSINESS IN NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided October 3, 1969.

Attorney(s) appearing for the Case

Mr. Frederick J. Wortmann appeared for plaintiff (Messrs. Braff, Litvak & Ertag, attorneys).

Mr. Carl F. Barbato attorney for defendant.

YANCEY, J.C.C. (temporarily assigned).

This is a motion for summary judgment made pursuant to R. 4:46-1 by defendant, American Mutual Liability Insurance Company (American Mutual), duly licensed to do business in New Jersey. Plaintiff C.J. Simons & Co. filed a cross-motion for summary judgment on its behalf.

The facts underlying these proceedings are uncontroverted. Defendant issued two policies...

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