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SOLOMON LIEBERMAN v. INTERSTATE FIRE & CAS. CO.

No. 84-5831.

768 F.2d 81 (1985)

SOLOMON LIEBERMAN AND CHEVRA LOMDEI TORAH, a non profit corporation of the State of New Jersey v. INTERSTATE FIRE & CASUALTY CO., a corporation of the State of Illinois, Hershel Perlstein, and Joseph B. Rothenberg & Son, Inc., a corporation of the State of New York and George F. Brown, Inc., a corporation of the State of New Jersey. Appeal of Solomon LIEBERMAN.

United States Court of Appeals, Third Circuit.

Decided July 18, 1985.

Attorney(s) appearing for the Case

Clarkson S. Fisher, Jr. (argued), Evans, Koelzer, Osborne & Kreizman, Red Bank, N.J., for appellant.

Mauro C. Casci (argued), Methfessel & Werbel, Rahway, N.J., for appellee — George F. Brown, Inc.

Leonard Rosenstein (argued), Feuerstein, Sachs, Maitlin, Rosenstein & Fleming, West Orange, N.J., for appellee — Interstate Fire & Cas. Co.

Before ALDISERT, Chief Judge, GIBBONS, Circuit Judge, and DIAMOND, District Judge.

OPINION OF THE COURT

ALDISERT, Chief Judge.

This appeal in a diversity case, applying New Jersey law in a fire insurance claim, requires us to decide whether the district court properly invoked a twelve month limitation of action clause contained in the insurance policy. Specifically, we must determine whether uncontroverted evidence discloses when the mortgagee received notice that the mortgagor's previous claim for the insurance had been rejected by the...

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