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BANKERS NAT. LIFE INS. CO. v. COOPER

111 N.J. Super. 264 (1970)

268 A.2d 78

BANKERS NATIONAL LIFE INSURANCE COMPANY, A LIFE INSURANCE CORPORATION OF NEW JERSEY, PLAINTIFF, v. RITA COOPER, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided July 29, 1970.

Attorney(s) appearing for the Case

Mr. Roger H. McGlynn for plaintiff (Messrs. McGlynn, Stein & Eberiel, attorneys).

Mr. Jerome C. Eisenberg for defendant (Mr. William J. O'Shaughnessy on the brief; Messrs. Clapp & Eisenberg, attorneys).

MINTZ, J.S.C.

Bankers National Life Insurance Company (Bankers) instituted this action against Rita Cooper, the named beneficiary in an insurance policy issued by Bankers on the life of her deceased husband, Seymour Cooper (insured). Plaintiff seeks to rescind the policy alleging that it had lapsed for non-payment of a premium due April 5, 1967 and that in an application made on June 5, 1967 to reinstate the policy, the insured made a false representation that he...

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