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SALIBA v. AMERICAN POLICYHOLDERS INSURANCE CO.

158 N.J. Super. 48 (1976)

385 A.2d 328

ROBERT G. SALIBA, ADMINISTRATOR AD PROSEQUENDUM AND ADMINISTRATOR OF THE ESTATE OF BARBARA J. CASSIDY, PLAINTIFF, v. AMERICAN POLICYHOLDERS INSURANCE COMPANY, A CORPORATION OF THE STATE OF DELAWARE, RICHARD J. BERLOW & COMPANY, INC., A CORPORATION OF THE STATE OF DELAWARE, AND CARL S. WURTZ, GENERAL ADMINISTRATOR OF THE ESTATE OF JOHN C. CASSIDY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided December 16, 1976.

Attorney(s) appearing for the Case

Mr. Peter Cammelieri for plaintiff.

Mr. John T. Madden for defendants American Policyholders Insurance Company and Richard J. Berlow & Company, Inc. (Messrs. Dolan and Dolan, attorneys).

Mr. Donald J. Maizys for defendant Carl S. Wurtz (Messrs. Farrell, Curtis, Carlin, Davidson and Mahr, attorneys).

GASCOYNE, J.C.C., Temporarily Assigned.

The problem presented herein is not so much that there are no reported decisions in this State, but rather that in those jurisdictions where the issues have been presented, diametrically opposed results have been reached.

The facts in this case are relatively simple. It is undisputed that American Policyholders Insurance Company (American) issued a policy of insurance to Air Mark Aviation, Inc. (Air Mark) for the period...

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