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ALLSTATE INS. CO. v. HOWARD SAVINGS INST.

127 N.J. Super. 479 (1974)

317 A.2d 770

ALLSTATE INSURANCE COMPANY, PLAINTIFF, v. HOWARD SAVINGS INSTITUTION, GOOD DEAL SUPERMARKETS, INC., AND TITAN SUPERMARKET ASSOCIATES, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 22, 1974.

Attorney(s) appearing for the Case

Mr. Marvin A. Sachs for plaintiff (Messrs. Feuerstein, Sachs & Maitlin, attorneys).

Mr. Robert A. Scanlon for defendant Howard Savings Institution (Messrs. Lynch, Booth, Kenny, Scanlon & Dougherty, attorneys).

Mr. Theodore W. Geiser for defendant Titan Supermarket Associates (Messrs. McElroy, Connell, Foley & Geiser, attorneys).

ANTELL, J.S.C.

This is an action for declaratory relief by an insurance carrier seeking adjudication of its nonliability to defendants who were named as loss payees on a fire insurance policy and proof of loss. Defendants counterclaim for judgment in the amount of damage by fire to the insured building. The controversy arises from the issuance by plaintiff of its draft in settlement of loss in the amount of $200,682.82 payable only to the tenant of the insured premises...

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