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CALDWELL v. AETNA CASUALTY AND SURETY CO.

107 N.J. Super. 456 (1969)

258 A.2d 900

THOMAS L. CALDWELL AND ANNE D. CALDWELL, HUSBAND AND WIFE, PLAINTIFFS-APPELLANTS, v. THE AETNA CASUALTY AND SURETY COMPANY, AN INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN NEW JERSEY AND VELMA MASON, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 17, 1969.

Attorney(s) appearing for the Case

Mr. James H. Smith argued the cause for plaintiffs (Messrs. Reussille, Cornwell, Mausner & Carotenuto, attorneys).

Mr. Carroll A. Morley argued the cause for defendants (Messrs. Lamb, Blake, Hutchinson & Dunne, attorneys).

Before Judges CONFORD, COLLESTER and KOLOVSKY.

PER CURIAM.

We reverse for erroneous exclusion by the trial judge of competent and material testimony proffered by plaintiffs on the issue whether the assureds did not in fact understand that the homeowner's policy in question did not afford them workmen's compensation coverage.

We read Gerhardt v. Continental Insurance Cos., 48 N.J. 291 (1966), to hold that a homeowner...

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