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SEABROOK FARMS, INC., v. COMMERCIAL INS. CO.

104 N.J. Super. 419 (1969)

250 A.2d 163

SEABROOK FARMS, INC.,, PLAINTIFF, v. COMMERCIAL INSURANCE COMPANY OF NEWARK, N.J., DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided February 5, 1969.

Attorney(s) appearing for the Case

Mr. Samuel P. Orlando for plaintiff (Messrs. Orlando & Cummins, attorneys).

Mr. Peter J. Devine, Jr. for defendant (Messrs. Kisselman, Devine, Deighan & Montano, attorneys).

WICK, J.S.C.

This is a declaratory judgment action in which the insured, Seabrook Farms, Inc. (hereinafter Seabrook), seeks a determination that the insurer, Commercial Insurance Company of Newark, N.J. (hereinafter Commercial) was not legally justified in cancelling Seabrook's insurance policy because of alleged nonpayment of premiums where, in fact, Commercial's agent failed to remit such premiums. By its counterclaim Commercial seeks payment of $25,000, which it...

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