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MUNOZ v. NEW JERSEY AUTO. FULL INS. UNDERWRITING

145 N.J. 377 (1996)

678 A.2d 1051

JOSE R. MUNOZ, PLAINTIFF-RESPONDENT, v. NEW JERSEY AUTOMOBILE FULL INSURANCE UNDERWRITING ASSOCIATION, DEFENDANT-APPELLANT, AND STANLEY AGENCY, INC., JOHN QUINN AND JOHN DOE, JOINTLY, SEVERALLY, AND IN THE ALTERNATIVE, DEFENDANTS. JAMES ZIMMERMAN, PLAINTIFF-RESPONDENT, v. THE NEW JERSEY AUTOMOBILE FULL INSURANCE UNDERWRITING ASSOCIATION (N.J.A.F.I.U.A.), DEFENDANT-APPELLANT, AND JOHN DOES 1-10 (FICTITIOUS NAMES), DEFENDANTS. PATRICIA NAPOLITANO, PLAINTIFF-RESPONDENT, v. ALLSTATE INSURANCE COMPANY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 15, 1996.

Attorney(s) appearing for the Case

Dennis F. Carey, III, argued the cause for appellant New Jersey Automobile Full Insurance Underwriting Association in Munoz v. New Jersey Automobile Full Insurance Underwriting Association (Dwyer, Connell & Lisbona, attorneys).

Francis X. Ryan argued the cause for appellants New Jersey Automobile Full Insurance Underwriting Association, (N.J.A.F.I.U.A.) and Allstate Insurance Company (Green, Lundgren & Ryan, attorneys; Mr. Ryan and Laurence T. Bennett, on the briefs).

Lawrence A. Leven argued the cause for respondent Jose R. Munoz (Levin & Rios, attorneys).

Bruce D. Zeidman argued the cause for respondent James Zimmerman (Cofsky & Zeidman, attorneys).

James M. Nardelli argued the cause for respondent Patricia Napolitano (Parsons Cappiello & Nardelli, attorneys).

Bruce I. Goldstein submitted a brief on behalf of amicus curiae, National Association of Independent Insurers in Munoz v. New Jersey Automobile Full Insurance Underwriting Association and Napolitano v. Allstate Insurance Company (Saiber Schlesinger Satz & Goldstein, attorneys; Michael J. Geraghty, on the brief).

The opinion of the Court was delivered by COLEMAN, J.

The question common to these three appeals is whether a notice of cancellation of automobile insurance coverage due to the policyholder's failure to pay premiums must post-date the premium due date, thereby allowing the policyholder a fifteen-day grace period before coverage expires. Plaintiffs failed to make payment and were consequently denied coverage by their respective carriers for accidents occurring after...

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