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BIRO v. PRUDENTIAL INS. CO. OF AMERICA

110 N.J. Super. 391 (1970)

265 A.2d 830

LORRAINE G. BIRO, PLAINTIFF-RESPONDENT, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 29, 1970.

Attorney(s) appearing for the Case

Mr. Richard H. Woods argued the cause for appellant (Messrs. Hiering, Grasso, Gelzer & Kelaher, attorneys; Mr. Thomas F. Kelaher, on the brief).

Mr. Benjamin Weiner argued the cause for respondent (Messrs. Weiner & Schoifet, attorneys; Mr. Edward J. Egan, on the brief).

Before Judges GOLDMANN, LEWIS and MATTHEWS.

The opinion of the court was delivered by LEWIS, J.A.D.

Plaintiff, as beneficiary, instituted suit against defendant, carrier on a policy of life insurance, seeking the face amount thereof and accidental death benefits. Defendant denied liability on both counts, contending that the insured, plaintiff's husband Robert Biro, had committed suicide. The accidental death claim was abandoned during trial and the jury returned a verdict in plaintiff's favor for the policy...

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