Breen v. New Jersey Mfrs. Indem. Ins. Co.
| Decision Date | 06 April 1970 |
| Citation | 263 A.2d 802,109 N.J.Super. 473 |
| Parties | John J. BREEN, Plaintiff-Appellant, v. NEW JERSEY MANUFACTURERS INDEMNITY INSURANCE COMPANY, a corporation of the State of New Jersey, Defendant-Respondent. |
| Court | New Jersey Superior Court — Appellate Division |
Robert W. Goodman, Englewood Cliffs, for appellant (Breslin & Monaghan, Englewood Cliffs, attorneys).
Sonia Napolitano, Newark, for respondent (Pindar, McElroy, Connell, Foley & Geiser, Newark, attorneys).
Before Judges CONFORD, COLLESTER and KOLOVSKY.
The judgment is affirmed essentially for the reasons set forth in Judge Malech's opinion.
We find no merit in plaintiff's suggestion that the policy issued by defendant to its insured, Milton Stern, against whom plaintiff has recovered a judgment in an automobile negligence action, may not have contained the same terms as the sample policy submitted by defendant to the trial court. The proofs in the trial court established without contradiction that the relevant provisions (see 105 N.J.Super., at 307, 252 A.2d 49) of the Stern policy and the sample policy were the same. That fact was further corroborated by the supplemental affidavit filed by defendant, at our request, setting forth that such provisions were embodied in every automobile liability insurance policy issued by it at the time the Stern policy was written.
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Gahnney v. State Farm Ins. Co.
...as well. Breen v. New Jersey Mfrs. Indemn. Ins. Co., 105 N.J.Super. 302, 309, 252 A.2d 49, (Law Div.1969), aff'd, 109 N.J.Super. 473, 263 A.2d 802 (App.Div.1970). N.J.S.A. 2A:14-1, states, in pertinent part, as follows: "recovery upon a contractual claim or liability, shall be commenced wit......
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...79 (Law Div.1977); Breen v. N.J. Mfgrs. Indemn. Ins. Co., 105 N.J.Super. 302, 309, 252 A.2d 49 (Law Div.1969), aff'd 109 N.J.Super. 473, 263 A.2d 802 (App.Div.1970). See also Ochs v. Federal Ins. Co., supra 90 N.J. at 113 n. 2, 447 A.2d 163. But see Iavacoli, No Fault and Comparative Neglig......
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Gahnney v. State Farm Insurance Co., Civil Action No. 98-4659 (JEI) (D. N.J. 7/27/1999)
...as well. Breen v. New Jersey Mfrs. Indemn. Ins. Co., 105 N.J. Super. 302, 309, 252 A.2d 49, (Law Div. 1969), aff'd, 109 N.J. Super. 473, 263 A.2d 802 (App. Div. 1970). N.J.S.A. 2A:14-1, states, in pertinent part, as follows: "recovery upon a contractual claim or liability, shall be commence......