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SPILKA v. SOUTH AMERICA MANAGERS, INC.

54 N.J. 452 (1969)

255 A.2d 755

SEYMOUR E. SPILKA, DOING BUSINESS AS GENERAL FACTORS COMPANY, PLAINTIFF-APPELLANT, v. SOUTH AMERICA MANAGERS, INC., A NEW JERSEY CORPORATION, AND SUL-AMERICA TERRESTRES, MARITIMOS E ACIDENTES COMPANHIA DE SEGUROS, RIO DE JANEIRO, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 23, 1969.

Attorney(s) appearing for the Case

Mr. George Clott argued the cause for plaintiff-appellant (Messrs. O'Brien, Tartalsky & Clott, attorneys; Mr. Clott, on the brief).

Mr. Allen C. Mathias argued the cause for defendant-respondent Sul-America etc. (Messrs. Stevens & Mathias, attorneys; Mr. Mathias, on the brief).

Mr. Marvin A. Sachs argued the cause for defendant-respondent South America Managers, Inc. (Messrs. Feuerstein & Sachs, attorneys).

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

Plaintiff, the owner of a financing business and the assignee of the insureds in certain insurance policies issued by defendant Sul-America ("SATMA" or "the insurer") through its general agent, defendant South America Managers, Inc. ("SAMI" or "the agent"), and a broker, one Wallace ("the broker"), brought suit to recover from either or both defendants unearned premiums on the policies resulting from their cancellation...

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