Legal Opinion

Fiduccia v. Intercontinental Restauranteurs, Inc.

New Jersey Superior Court Appellate Division

Decided March 20, 1998PublishedCited by 1 opinion

1Opinion of the Court

The opinion of the court was delivered by

CARCHMAN, J.S.C. (temporarily assigned).

This appeal requires us to determine the length of a “day” as the term is used in the cancellation provisions of the Insurance Premium Finance Company Act (the Act), N.J.S.A. 17:16D-1 to - 16. We hold that a “day” consists of twenty-four hours and not one minute as prescribed by the language of the insurance policy in question, and the coverage extended until the stroke of midnight at the end of the third day.

The facts are not in dispute. Third-party defendant Newark Insurance Company (Newark)1 issued a…

2Cases cited12 opinions

  1. Johnson v. General Mutual InsuranceNew York Court of Appeals · 1969
  2. Conley v. RatayzcakAppellate Court of Illinois · 1980
  3. Patterson v. MONMOUTH REGIONAL H. SCHOOL BD. OF EDUC.New Jersey Superior Court Appellate Division · 1987
  4. Nassau Insurance v. Lion InsuranceNew York Supreme Court · 1977
  5. Dahlgrin G. Lowe v. Robert W. O'meara, Defendants-Third Party Plaintiffs-Appellees-Appellants v. Market Insurance Company, Defendant-Third PartyCourt of Appeals for the Third Circuit · 1973

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3Cited by1 opinion

  1. State Farm Mutual Automobile Insurance v. ThomasAppellate Division of the Supreme Court of the State of New York · 2010

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