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HARR v. ALLSTATE INSURANCE CO.

54 N.J. 287 (1969)

255 A.2d 208

HERMAN H. HARR AND BLANCHE HARR, HIS WIFE, PLAINTIFFS-APPELLANTS AND CROSS-RESPONDENTS, v. ALLSTATE INSURANCE COMPANY, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

The Supreme Court of New Jersey.

Decided June 30, 1969.

Attorney(s) appearing for the Case

Mr. Allan Maitlin argued the cause for plaintiffs-appellants and cross-respondents (Messrs. Feuerstein and Sachs, attorneys; Mr. Maitlin, of counsel).

Mr. Louis Ruprecht argued the cause for defendant-respondent and cross-appellant (Messrs. Gaffey, Webb and McDermott, attorneys).

The opinion of the court was delivered by HALL, J.

This is an action against an insurer to recover for water damage to certain business merchandise stored in the basement of plaintiffs' dwelling. Their theory is that, although neither a homeowner's policy nor a fire insurance policy issued by defendant covered the peril causing the loss, the insurer is estopped to deny coverage under the fire policy by reason of a contrary representation made by its agent and relied...

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