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Unambiguous Limitations In Agency Agreement Enforced By NJ Appellate Division.

December 22, 2009

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Traverso v. Guthaim, et al, was an insurance coverage case involving a dispute between, Charles Heidt , Inc, an insurance agency, and Encompass Insurance Company. Pursuant to the terms of an Agency Agreement , Encompass authorized Heidt to bind certain kinds of insurance contracts issued by Encompass, but subject to various limitations and underwriting quidelines. The trial court granted Encompass' Motion for a directed verdict finding that Heidt's authority to bind coverage was clearly and unambiguously limited by the Agency Agreement and the underwriting guidelines issued by Encompass, and that Heidt exceeded its authority when it attempted to add a three-family house to the insured's existing homeowner's policy. The Appellate Division affirmed .
<a href="http://www.judiciary.state.nj.us/opinions/a1562-07.pdf">http://www.judiciary.state.nj.us/opinions/a1562-07.pdf</a>

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