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JOHNSON v. METROPOLITAN LIFE INS. COMPANY

53 N.J. 423 (1969)

251 A.2d 257

JAMES L. JOHNSON, PLAINTIFF-APPELLANT, v. METROPOLITAN LIFE INSURANCE COMPANY, A NEW YORK CORPORATION, DEFENDANT, AND PROGRESSIVE LIFE INSURANCE COMPANY, A NEW JERSEY CORPORATION, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 17, 1969.

Attorney(s) appearing for the Case

Mr. Eugene T. Radcliffe argued the cause for appellant (Messrs. Powell and Davis, attorneys).

Mr. Burton L. Fundler argued the cause for respondent (Messrs. Mirne, Nowels, Fundler, Cornblatt & Magee, attorneys).

The opinion of the court was delivered by WEINTRAUB, C.J.

This is a suit upon a health and accident policy issued by defendant Progressive Life Insurance Company (the claim against Metropolitan Life Insurance Company was disposed of by the parties). The insured died before trial and his personal representative was substituted. Plaintiff obtained judgment on a jury verdict, but the Appellate Division reversed, finding that the carrier was entitled to prevail as a matter...

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