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Flowers v. American Insurance Co.

New Jersey Superior Court, Appellate Division


Decided: November 27, 1956.

FLOWERS BY DIALTON'S, A BODY CORPORATE, PLAINTIFF-APPELLANT,
v.
THE AMERICAN INSURANCE COMPANY, A BODY CORPORATE, DEFENDANT-RESPONDENT

Clapp, Jayne and Francis.

Per Curiam

[42 NJSuper Page 494]

The decision of Judge Larrabee pursuant to which the judgment under review was entered is reported in 39 N.J. Super. 44 (Law Div. 1956).

We need only emphasize that the statutory limitation appears to us to be as definite and unqualified as if embodied in a written policy and that any such oral insurance agreement, express or implied, which overreaches in duration of time the statutory limitation would be invalid. Cf. National Security Life & Casualty Co. v. Davis , 257 S.W. 2 d 943, 38 A.L.R. 2 d 764 (Tex. Sup. Ct. 1953); Lesk v. London & Lancashire Indemnity Co. , 286 N.Y. 443, 36 N.E. 2 d 655 (Ct. App. 1941); Upton v. Travelers' Insurance Co. , 178 P. 851, 2 A.L.R. 1597 (Cal. Sup. Ct. 1919).

The judgment is affirmed.

19561127


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