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Breen v. New Jersey Manufacturers Indemnity Insurance Co.

Decided: April 6, 1970.

JOHN J. BREEN, PLAINTIFF-APPELLANT,
v.
NEW JERSEY MANUFACTURERS INDEMNITY INSURANCE COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT



Conford, Collester and Kolovsky.

Per Curiam

The judgment is affirmed essentially for the reasons set forth in Judge Malech's opinion.

We find no merit in plaintiff's suggestion that the policy issued by defendant to its insured, Milton Stern, against whom plaintiff has recovered a judgment in an automobile negligence action, may not have contained the same terms as the sample policy submitted by defendant to the trial court. The proofs in the trial court established without contradiction that the relevant provisions (see 105 N.J. Super. , at 307) of the Stern policy and the sample policy were the same. That fact was further corroborated by the supplemental affidavit filed by defendant, at our request, ...


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