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BOWLER v. FIDELITY & CASUALTY CO. OF N.Y.

53 N.J. 313 (1969)

250 A.2d 580

JAMES P. BOWLER, PLAINTIFF-APPELLANT, v. FIDELITY & CASUALTY COMPANY OF NEW YORK, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 3, 1969.

Attorney(s) appearing for the Case

Mr. Robert C. Gruhin argued the cause for appellant.

Mr. Stanley G. Bedford argued the cause for respondent (Messrs. Mead, Gleeson, Hansen & Pantages, attorneys).

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

Plaintiff James B. Bowler as the holder of a "Maximum Benefit Accident" insurance policy issued to him by defendant Fidelity & Casualty Company of New York sought certain benefits allegedly due thereunder. On defendant's motion the trial judge ordered summary judgment in its favor on plaintiff's claim for total and permanent disability benefits. He also entered summary judgment for

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