Storms Realty Co., Inc. v. New Amsterdam Cas. Co., 173.

• Decision Date: 28 April 1933
• Docket Number: No. 173.,173.
• Citation: 166 A. 162
• Parties: STORMS REALTY CO., Inc. v. NEW AMSTERDAM CASUALTY CO.
• Court: New Jersey Supreme Court

166 A. 162

STORMS REALTY CO., Inc.

v. NEW AMSTERDAM CASUALTY CO.

No. 173.

Court of Errors and Appeals of New Jersey.

April 28, 1933.

Syllabus by the Court.

The record, in this case as examined, does not indicate that the complaint does not state facts sufficient to constitute a cause of action.

Appeal from Supreme Court.

Action by the Storms Realty Company, Inc., etc., against the New Amsterdam Casualty Company. From an adverse judgment, plaintiff appeals.

Reversed.

Lightdale & Lightdale, of Jersey City (Harold B. Lightdale, of Jersey City, of counsel), for appellant.

Joseph C. Paul, of Newark, for appellee.

BODINE, Justice.

The plaintiff sued to recover under a policy of insurance. The instrument is lengthy but contains, among others, the following provisions: "The company agreed with the assured, subject to limitations and conditions hereinafter provided, as respects bodily injuries or death suffered, or alleged to have been suffered, as the result of any accident occurring while the policy was in force, by any person or persons not employed by the assured, by reason of the classified operations of the assured's trade or business described in the schedule, including operations incident or appurtenant thereto, as well as the making of ordinary repairs and the maintenance of assured's building and equipment. * * * The liability of the company for loss from an accident resulting in bodily injuries to or in the death of one person was limited to $10,000, and, subject to the same limit for each person, the total liability of the company for loss from any one accident resulting in bodily injuries to or in the death of more than one person was limited to $20,000, * * * Location of operations classified in Statement 7 399-403 Avenue 'C', Bayonne, New Jersey. * * * Classification of Operations: Carpentry—installation of interior trim, builders' finish or cabinet work (N. P. D. with No. 5645—'Carpentry in connection with private residents).' Clerical office employees, Salesmen, Collectors and Messengers."

The complaint alleges that during the life of the policy, "one Gussie Katzel was in and upon the building known as 399-403 Avenue 'C', Bayonne, New Jersey, mentioned and described in said policy of insurance, which said building was then and there owned and maintained by the plaintiff corporation, the assured named and described in said policy of insurance, when due to the negligence of the plaintiff corporation in the maintenance of said...