BREEN v. N.J. MFG. INDEM. INS. CO.


109 N.J. Super. 473 (1970)

263 A.2d 802

JOHN J. BREEN, PLAINTIFF-APPELLANT, v. NEW JERSEY MANUFACTURERS INDEMNITY INSURANCE COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Supplemental material filed March 24, 1970.

Decided April 6, 1970.


Attorney(s) appearing for the Case

Mr. Robert W. Goodman argued the cause for appellant (Messrs. Breslin and Monaghan, attorneys).

Mrs. Sonia Napolitano argued the cause for respondent (Messrs. Pindar, McElroy, Connell, Foley & Geiser, attorneys).

Before Judges CONFORD, COLLESTER and KOLOVSKY.


PER CURIAM.

The judgment is affirmed essentially for the reasons set forth in Judge Malech's opinion.

We find no merit in plaintiff's suggestion that the policy issued by defendant to its insured, Milton Stern, against whom plaintiff has recovered a judgment in an automobile negligence action, may not have contained the same terms as the sample policy submitted by defendant to the trial court. The proofs in the trial court established without contradiction...

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