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RETAIL CLERKS WELFARE FUND, LOCAL NO. 1049 v. CONT'L CAS.

71 N.J. Super. 221 (1961)

176 A.2d 524

RETAIL CLERKS WELFARE FUND, LOCAL NO. 1049, AFLCIO, AN UNINCORPORATED TRUST FUND, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. CONTINENTAL CASUALTY COMPANY, A STOCK COMPANY OF THE STATE OF INDIANA, DULY LICENSED AS AN INSURANCE COMPANY IN THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 21, 1961.

Attorney(s) appearing for the Case

Mr. Richard P. Weitzman argued the cause for appellant and cross-respondent (Messrs. Parsonnet, Weitzman & Oransky, attorneys).

Mr. Nicholas Scalera argued the cause for respondent and cross-appellant (Mr. George D. McLaughlin, attorney).

Before Judges PRICE, SULLIVAN and LEONARD.

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

Plaintiff is an unincorporated trust fund set up as an adjunct to a labor union for the purpose of providing certain welfare benefits to eligible employees. From 1947 to 1959 plaintiff contracted with defendant insurance company for accident and health group coverage for such employees and paid premiums called for by the insurance contracts.

In the instant...

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