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FENWICK MACHINERY, INC. v. A. TOMAE & SONS, INC.

159 N.J. Super. 373 (1978)

388 A.2d 250

FENWICK MACHINERY, INC., PLAINTIFF, v. A. TOMAE & SONS, INC., A NEW JERSEY CORPORATION, DEFENDANT AND THIRD-PARTY PLAINTIFF, v. THE AMERICAN INSURANCE COMPANY, THIRD-PARTY DEFENDANT-RESPONDENT, AND PINKERTON'S, INC., AND TENDUN CONSTRUCTORS, THIRD-PARTY DEFENDANTS, AND BROUNELL, KRAMER, WALDOR, INSURANCE BROKERS, THIRD-PARTY DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 9, 1978.

Attorney(s) appearing for the Case

Mr. Leonard Rosenstein argued the cause for appellant Brounell, Kramer, Waldor, Insurance Brokers (Messrs. Feuerstein, Sachs and Maitlin, attorneys).

Mr. Richard D. Catenacci argued the cause for respondent The American Insurance Company (Messrs. McElroy, Connell, Foley and Geiser, attorneys).

Before Judges MICHELS, PRESSLER and BILDER.

BILDER, J.S.C. (temporarily assigned).

This is an appeal by an insurance broker from a determination that a Broad Form Contractors' Equipment Floater did not cover damage to an after-leased but yet unscheduled item of heavy equipment and from judgments in favor of the insured against the broker for negligence in interpreting the policy and in favor of the insurance company and against the broker for common law indemnity.

On June 5, 1973 Fenwick Machinery,...

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