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

177 N.J. Super. 584 (1981)

427 A.2d 135

ALPHONSO R. MILLER AND JEROME ROSENBERG, PLAINTIFFS, v. NEW JERSEY INSURANCE UNDERWRITING ASSOCIATION, DEFENDANT. ELIJAH NORWOOD AND THELMA NORWOOD, LILLIAN GILBERT AND MAURICE GILBERT, PLAINTIFFS, v. NEW JERSEY INSURANCE UNDERWRITING ASSOCIATION, DEFENDANT.

Superior Court of New Jersey, Law Division Essex County.

Decided January 16, 1981.

Attorney(s) appearing for the Case

Abraham I. Mayer for plaintiffs (Mayer & Mayer, attorneys).

Peter M. Burke for defendant (Young, Rose & Millspaugh, attorneys).

YANOFF, J.S.C. (retired and temporarily assigned on recall).

The factual backgrounds of these cases are set forth in Miller v. New Jersey Ins. Underwriters Ass'n, 82 N.J. 594 (1980), and need not be repeated. In Miller, our Supreme Court held for the first time in New Jersey that a mere possessory interest may, in some instances, be an adequate predicate to an insurable interest in realty under a fire policy. The cases...

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