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BARBARA CORP. v. BOB MANEELY INS. AGENCY & STOCKWELL-KNIGHT CO.

197 N.J. Super. 339 (1984)

484 A.2d 1292

BARBARA CORPORATION, A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. BOB MANEELY INSURANCE AGENCY AND STOCKWELL-KNIGHT COMPANY, DEFENDANTS-RESPONDENTS, AND CONTINENTAL CASUALTY COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 12, 1984.

Attorney(s) appearing for the Case

Mark Soifer argued the cause for appellant (Horn, Kaplan, Goldberg, Gorny & Daniels, attorneys; Mark Soifer on the brief).

Warren W. Faulk argued the cause for respondent Bob Maneely Insurance Agency (Brown, Connery, Kulp, Wille, Purnell & Greene, attorneys; Warren W. Faulk on the brief).

Paul F. Gilligan, Jr. argued the cause for respondent Stockwell-Knight Company (Montano, Summers, Mullen, Manuel & Ownes, attorneys; Paul F. Gilligan on the brief).

Lee A. Solomon argued the cause for respondent Barbara Corporation (D. Vincent Lazzaro, attorney, and on the brief).

Before Judges ANTELL, J.H. COLEMAN and SIMPSON.

The opinion of the court was delivered by COLEMAN, J.H., J.A.D.

The question raised by this appeal is whether an insurance company is obligated to advise an insured of the expiration of a fire insurance policy. The trial judge granted the insured summary judgment holding that the company is so obligated. The insurance company has appealed. We now affirm for the reasons which follow.

The facts in this case are undisputed. On January 26, 1979 plaintiff, Barbara...

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