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WARD v. MERRIMACK MUT. FIRE INS. CO.

711 A.2d 394 (1998)

312 N.J. Super. 162

Thomas W. WARD Jr., Plaintiff-Appellant, v. MERRIMACK MUTUAL FIRE INSURANCE CO., Defendant-Respondent, Barrett Insurance Agency, Inc., and George Barrett, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided June 9, 1998.

Attorney(s) appearing for the Case

Evans Osborne Kreizman & Bonney, Ocean, for plaintiff-appellant (Harry V. Osborne, II, on the brief). Methfessel & Werbel, Rahway, for defendant-respondent (Frederic Paul Gallin, Westfield, on the brief).

Before Judges KEEFE, PAUL G. LEVY and WECKER.

The opinion of the court was delivered by

PAUL G. LEVY, J.A.D.

Plaintiff believed he had purchased fire insurance for a house he had renovated when he received and paid the premium for a binder from the Barrett Insurance Agency of Eatontown on behalf of Merrimack Mutual as insurer. One week later a fire destroyed the house, but when plaintiff notified Merrimack Mutual of the loss it disclaimed responsibility for coverage. Merrimack advised the Barrett agency...

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