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MINEY v. BAUM

170 N.J. Super. 282 (1979)

406 A.2d 234

FRANCINE MINEY, PLAINTIFF, v. CHARLES H. BAUM, RICHARD S. BENSON, AND SERENA P. BENSON, DEFENDANTS, CHARLES BAUM, THIRD PARTY PLAINTIFF, v. MOTOR CLUB OF AMERICA INSURANCE CO., THIRD PARTY DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided June 25, 1979.

Attorney(s) appearing for the Case

Messrs. DeRose & Rinaldi, attorneys for plaintiff (Mr. Donald J. Rinaldi, of counsel).

Mr. Paul H. Greenberg, attorney for Charles Baum, defendant and third-party plaintiff.

Messrs. Ronca & McDonald, P.A., attorney for Richard and Serena Benson (Mr. John J. Ronca, of counsel; Dennis M. DiVenuta, on the brief).

Messrs. Feuerstein, Sachs & Maitlin, attorneys for third-party defendant Motor Club of America Ins. Co. (Mr. Raymond J. Fleming, of counsel).

YANOFF, J.S.C.

This is a suit arising out of an automobile accident in which Charles Baum is the defendant. Insurance carrier Motor Club of America (MCA) was brought in as third-party defendant and disclaimed. The preliminary question is, therefore, whether it is obligated to defend. The legal issue is whether the cancellation requirements of N.J.S.A. 17:29C-7 and 8 apply to a binder in effect more than 60 days.

By agreement, this was tried before me...

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