Schustrin v. Globe Indemnity Co. of New York

In Schustrin v. Globe Indemnity Co. of New York, 44 N.J. Super. 462, 466, 130 A.2d 897 (App.Div.1957), the insured failed to read the insurance policy and we held that such failure should be considered on the question of the insured's own negligence. In that context, the Court stated: In an action by a principal against his broker for negligence by reason of his failure to perform an undertaking, the mere failure on the part of an insured to read a policy does not Per se bar a recovery, but is a circumstance to be considered on the question of the plaintiff's contributory negligence. The insured may be able to explain satisfactorily his failure to read the policy and show that he exercised that degree of care which a reasonably prudent person would ordinarily use under the same circumstances. 16 Appleman, Insurance Law and Practice, 8834, p. 307. Id. at 467, 130 A.2d 897.