MILLER v. N.J. INSURANCE UNDERWRITING ASSOCIATION


82 N.J. 594 (1980)

414 A.2d 1322

ALFONSO R. MILLER AND JEROME ROSENBERG, PLAINTIFFS-APPELLANTS, v. NEW JERSEY INSURANCE UNDERWRITING ASSOCIATION, DEFENDANT-RESPONDENT. ELIJAH NORWOOD AND THELMA NORWOOD, LILLIAN GILBERT AND MAURICE GILBERT, PLAINTIFFS-APPELLANTS, v. NEW JERSEY INSURANCE UNDERWRITING ASSOCIATION, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 3, 1980.


Attorney(s) appearing for the Case

Abraham I. Mayer argued the cause for appellants (Mayer and Mayer, attorneys).

Peter M. Burke argued the cause for respondent (Young, Rose & Millspaugh, attorneys; Frederick W. Rose, on the brief).


The opinion of the Court was delivered by POLLOCK, J.

The issue presented on these consolidated appeals is whether an in rem judgment of foreclosure for unpaid real estate taxes deprives the former owners and mortgagees of an insurable interest in the real estate, so that an insurer need not pay under a fire insurance policy when a structure on the real estate is damaged. The trial court granted summary judgment in favor of the insurer, and the Appellate Division...

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