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ITALIAN FISHERMAN, INC. v. COMMERCIAL UN. ASSUR. CO.

215 N.J. Super. 278 (1987)

521 A.2d 912

ITALIAN FISHERMAN, INC., PLAINTIFF-APPELLANT, AND GARY P. FISH AND JUDY FISH, SHAREHOLDERS, PLAINTIFFS, v. COMMERCIAL UNION ASSURANCE COMPANY, A NEW JERSEY CORPORATION, DEFENDANT-RESPONDENT, AND HOWARD T. AIDENBAUM; MORALES, POTTER AND BUCKALEW, A NEW JERSEY CORPORATION; ROGER HUTCHINS AND RUDY JAEGER, DEFENDANTS, AND COMMERCIAL UNION ASSURANCE COMPANY, THIRD-PARTY PLAINTIFF, v. GARY P. FISH, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided February 24, 1987.

Attorney(s) appearing for the Case

Michael F. Chazkel argued the cause for appellant.

Thomas McKay, III argued the cause for respondent (Cozen and O'Connor, attorneys; Thomas McKay, III and Douglas B. Lang, of counsel and on the brief).

Before Judges MICHELS and O'BRIEN.

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

Plaintiff Italian Fisherman, Inc. appeals from a judgment of the Law Division entered on a molded jury verdict in favor of defendant Commercial Union Assurance Company and from a denial of its motion for a judgment notwithstanding the verdict or, alternatively, a new trial. The pivotal issue posed by this appeal is whether, in an action on a fire insurance policy, the defenses of arson and fraud and false...

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