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ATLANTIC CAS. INS. CO. v. INTERSTATE INS. CO.

28 N.J. Super. 81 (1953)

100 A.2d 192

ATLANTIC CASUALTY INSURANCE COMPANY, A CORPORATION OF NEW JERSEY, PLAINTIFF-APPELLANT, v. INTERSTATE INSURANCE COMPANY, A CORPORATION OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 28, 1953.

Attorney(s) appearing for the Case

Mr. Jerome S. Lieb argued the cause for the plaintiff-appellant (Messrs. Harkavy and Lieb, attorneys).

Mr. Joseph M. Jacobs argued the cause for the defendant-respondent (Messrs. Stoffer and Jacobs, attorneys).

Before Judges EASTWOOD, JAYNE and FRANCIS.

The opinion of the court was delivered by EASTWOOD, S.J.A.D.

This action raises an issue of novel impression in this State. The trial court held that the defendant Interstate Insurance Company (hereinafter referred to as "Interstate") was not liable to the plaintiff Atlantic Casualty Insurance Company (hereinafter referred to as "Atlantic") for one-half of the property damage claim paid by Atlantic, on the ground that at the time of the accident there was an undisclosed...

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