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CORP. v. N.J. INS. UNDERWRITING ASS'N

173 N.J. Super. 114 (1980)

413 A.2d 630

495 CORPORATION, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. NEW JERSEY INSURANCE UNDERWRITING ASSOCIATION, DEFENDANT-RESPONDENT, AND JOHN L. CHMIELEWSKI, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided March 4, 1980.

Attorney(s) appearing for the Case

Chazkel and Gast, attorneys for appellant (Michael F. Chazkel on brief).

Gennet & Kallmann, attorneys for respondent (Stanley W. Kallmann on brief).

Defendant John L. Chmielewski did not file a brief.

Before Judges SEIDMAN, MICHELS and DEVINE.

The opinion of the court was delivered by SEIDMAN, P.J.A.D.

The issue here, on which we have found no reported decision in this State precisely in point, and none has been cited to us by counsel, is whether a mortgagee, named as such in the mortgage clause of a fire insurance policy, who acquires title to the property prior to a fire loss by a conveyance from the owner in lieu of foreclosure, retains an insurable interest under the policy entitling it to recover for...

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