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P.R. DeBELLIS ENT., INC. v. LUMBERMEN'S MUT. CAS. CO.

153 N.J. Super. 94 (1977)

379 A.2d 64

P.R. DeBELLIS ENTERPRISES, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. LUMBERMEN'S MUTUAL CASUALTY COMPANY, AN ILLINOIS CORPORATION AUTHORIZED TO DO BUSINESS IN NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 11, 1977.

Attorney(s) appearing for the Case

Mr. Aaron Dines argued the cause for appellant (Messrs. Lordi, Imperial & Dines, attorneys).

Mr. Allan Maitlin argued the cause for respondent (Messrs. Feuerstein, Sachs & Maitlin, attorneys).

Before Judges CONFORD, MICHELS and PRESSLER.

The opinion of the court was delivered by CONFORD, P.J.A.D.

The question on this appeal is whether a fire insurance policy procured by plaintiff from defendant on certain improved real property in Caldwell is avoidable, after a fire loss, for lack of an insurable interest in plaintiff. Plaintiff appeals from an adverse determination on the point by the Law Division.

On April 19, 1974 the Federal Government held a public auction of the property for unpaid federal...

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