Tell v. Cambridge Mut. Fire Ins. Co., 150 N.J. Super. 246, 375 A.2d 315 (N.J. Dist.Ct., May 11, 1977)

Practice Areas: First Party, Insurance Coverage and Bad Faith

Suit was brought under homeowner’s policy which afforded coverage for unscheduled personal property but excluded “business property while away from the described premises.” The District Court, Beglin, J. D. C., held that: (1) fact that lost property by its nature could be classified as property used by one in a trade or occupation was not determinative of whether it was within exclusion in homeowner’s policy for “business property while away from the described premises”; more important was the use to which the articles were put by the insured and the extent to which that usage was usual or incidental to his business of being a carpenter or his personal occupancy of the insured dwelling; (2) some of the items lost were covered and others were not, (3) inclusion of all the items in claim did not constitute conduct barring recovery; (4) running of policy limitation period had been tolled, and (5) there had been substantial compliance with proof of loss requirement.

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