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WARD v. MERRIMACK MUT. FIRE INS.

753 A.2d 1214 (2000)

332 N.J. Super. 515

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

Superior Court of New Jersey, Appellate Division.

Decided July 7, 2000.

Attorney(s) appearing for the Case

Harry V. Osborne, II, Ocean, for plaintiff-appellant (Evans, Osborne & Kreizman, attorneys; Mr. Osborne, on the brief).

Fredric Paul Gallin, Westfield, for defendant-respondent (Methfessel & Werbel, attorneys; Mr. Gallin, on the brief).

Before Judges HAVEY, KEEFE and COLLESTER.

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

This is an insurance coverage dispute concerning a first-party claim arising out of the destruction of plaintiff's structure by fire. Defendant Merrimack Mutual Fire Insurance Company (Merrimack) denied coverage, claiming that its authorized agent who issued a binder covering the structure had no actual or apparent authority to issue it. A jury ultimately determined that Merrimack was obligated to issue the...

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