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CITTA v. CAMDEN FIRE INSURANCE ASSOC., INC.

152 N.J. Super. 76 (1977)

377 A.2d 779

JOSEPH A. CITTA, ROBERT A. GASSER AND SHIRLEY ANN ALLEN SAVINS, TRUSTEES FOR THE BENEFIT OF THE MINOR CHILDREN, MICHAEL ALLEN, DEBRA ALLEN, RICHARD ALLEN AND CRAIG ALLEN, PLAINTIFFS-APPELLANTS, v. CAMDEN FIRE INSURANCE ASSOC., INC., A CORPORATION OF THE STATE OF NEW JERSEY AND MAY LINNINGTON, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 4, 1977.

Attorney(s) appearing for the Case

Mr. Richard D. Stanzione argued the cause for appellants (Messrs. Stanzione & Stanzione, attorneys).

Mr. Robert J. Partlow argued the cause for respondent Camden Fire Insurance Assoc., Inc. (Messrs. Parker, McCay and Criscuolo, attorneys).

Mr. Marc L. Dembling argued the cause for respondent May Linnington, Inc. (Messrs. Lieb, Teich & Berlin, attorneys; Mr. Jerome S. Lieb, on the brief).

Before Judges FRITZ, ARD and PRESSLER.

PER CURIAM.

This matter involves the question of the duty of an insurance company, its agent, or a broker, to advise an insured of the expiration of a fire insurance policy. The trial judge determined that no such duty existed and entered summary judgment in favor of the defendant fire insurance company and in favor of May Linnington, Inc. (Linnington) variously described as either an agent or a broker or both.

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