Restaurant Enterprises, Inc. v. Sussex Mutual Insurance

The majority turns its disposition of this case on a holding that the provision of our standard fire insurance policy statute, N. J. S. A. 17:36 — 5.15 to 5.28, inclusive, prescribing the maximum duration of contracts of temporary insurance in the form of oral or written binders, N. J. S. A. 17:36-5.16, is not binding on the insured. It appears to me that it is not open to the judiciary thus to nul*79lify a patently plain legislative enactment, completely within the province of that branch of government to enact for whatever reason of public policy and interest it may have found compelling.

The…