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HOWARD SAV. BANK v. LIBERTY MUT.

285 N.J. Super. 491 (1995)

667 A.2d 390

HOWARD SAVINGS BANK, PLAINTIFF-APPELLANT, AND NATIONAL UNION FIRE INSURANCE COMPANY, APPELLANT, v. LIBERTY MUTUAL INSURANCE COMPANY, DEFENDANT-RESPONDENT, AND LIBERTY MUTUAL FIRE INSURANCE COMPANY, DEFENDANT, v. JOSEPH FLEMING, TOTAL CARE SYSTEMS, INC., D/B/A ALPINE LAUNDRY, JOHN DOE (A FICTITIOUS NAME), AND XYZ CORPORATION (A FICTITIOUS NAME), THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 28, 1995.

Attorney(s) appearing for the Case

Robert G. Mazeau, attorney for appellant National Union Fire Insurance Company (Gary H. Forman, of counsel and on the brief).

Sills, Cummis, Zuckerman, Radin, Tischman, Epstein & Gross, attorneys for appellant Howard Savings Bank (Joseph L. Buckley, of counsel and on the brief; Adam J. Kaiser, on the brief).

Weiner Lesniak, attorneys for respondent Liberty Mutual Insurance Company (William L. Bracaglia, on the brief).

Before LONG and BROCHIN, JJ.

PER CURIAM.

Defendant Liberty Mutual Insurance Company issued a multi-peril insurance policy which named defendant Howard Savings Bank as the mortgagee of the insured property. By the terms of the policy, its coverage commenced July 23, 1983 and expired July 23, 1986. The insurer claims to have canceled the policy on November 21, 1985 because its insured, the owner of the property, failed to pay a premium of $23,490.79. The building which was the subject of the multi...

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