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CULVER v. INS. CO. OF NORTH AMER.

221 N.J. Super. 493 (1987)

535 A.2d 15

JAMES CULVER AND LORETTA CULVER, PLAINTIFFS-APPELLANTS, v. INSURANCE COMPANY OF NORTH AMERICA, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 1, 1987.

Attorney(s) appearing for the Case

Michael F. Chazkel, attorney for appellants (Glenn A. Bergenfield, of counsel and on the brief).

Gennet and Kallmann, attorneys for respondent (Jory E. Miller, on the brief).

Before Judges PRESSLER, MUIR, Jr. and CONLEY.

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

Plaintiffs-insureds, who suffered an underinsured fire loss caused by the negligence of others, entered into an agreement with their casualty insurer respecting the division between them of the proceeds of the insurer's subrogation action against the tortfeasors. They claim that the agreement, procured by the insurer's fraud and misrepresentation, was unreasonable and inequitable. The question on appeal...

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