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SEIDEN v. JEFFERSON INS. CO.

112 N.J. Super. 86 (1970)

270 A.2d 417

BERNARD SEIDEN, t/a BERNIE'S SUPRETTE, PLAINTIFF-APPELLANT, v. JEFFERSON INSURANCE COMPANY OF NEW YORK, ET ALS., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 13, 1970.

Attorney(s) appearing for the Case

Mr. Jerome S. Lieb argued the cause for appellant (Messrs. Lieb, Teich & Berlin, attorneys for appellant Bernard Seiden and appellant Eisenberg-Gollin Agency; Messrs. Bennett & Bennett, attorneys for appellant Continental Excess & Surplus, Inc.).

Mr. Allan Maitlin argued the cause for respondent (Mr. Leonard Rosenstein, on the brief; Messrs. Feuerstein, Sachs & Maitlin, attorneys for respondents Jefferson Insurance Company of New York and Horan Goldman of N.J. Inc.).

Before Judges SULLIVAN, CARTON and HALPERN.

PER CURIAM.

We conclude that appellants have standing to review the trial court's ruling on the issue of reformation. We therefore consider the merits.

Appellants admit that their negligence was sufficient to have made them liable to plaintiff but for the intervening "unconscionable conduct" of defendant's general agent, which they argue requires reformation of the insurance policy and results in their exculpation.

The trial judge characterized the...

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