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FIDUCCIA v. INTERCONTINENTAL RESTAURANTEURS, INC.

310 N.J. Super. 52 (1998)

DIANA FIDUCCIA AND JOHN FIDUCCIA, PLAINTIFFS-RESPONDENTS, v. INTERCONTINENTAL RESTAURANTEURS, INC., INTERCONTINENTAL RESTAURANTEURS, INC., LEMMAR EATERIES, INC., AND MATEO TESTINO, DEFENDANT, THIRD-PARTY PLAINTIFFS, v. ROYAL INSURANCE COMPANY, THIRD-PARTY DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 20, 1998.

Attorney(s) appearing for the Case

Stephen B. Fenster, argued the cause for appellant (Gallo Geffner Fenster, attorneys; Mr. Fenster, of counsel; Valerie A. Vladyka, on the brief).

Seth D. Bader, argued the cause for respondents (Margo E. Bader, attorney; Mr. Bader, of counsel and on the brief).

Before Judges PRESSLER, WALLACE and CARCHMAN.

The opinion of the court was delivered by CARCHMAN, J.S.C. (temporarily assigned).

This appeal requires us to determine the length of a "day" as the term is used in the cancellation provisions of the Insurance Premium Finance Company Act (the Act), N.J.S.A. 17:16D-1 to -16. We hold that a "day" consists of twenty-four hours and not one minute as prescribed by the language of the insurance policy in question, and the coverage extended until the stroke of midnight...

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