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CARFAGNINI v. SERVICE LIFE INS. CO. OF OMAHA

113 N.J. Super. 469 (1971)

274 A.2d 303

TITO CARFAGNINI, PLAINTIFF-APPELLANT, v. SERVICE LIFE INSURANCE CO. OF OMAHA, AN INSURANCE COMPANY DOING BUSINESS IN THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 1, 1971.

Attorney(s) appearing for the Case

Mr. Leonard Meyerson argued the cause for appellant (Messrs. Miller, Hochman, Meyerson & Miller, attorneys).

Mr. John H. McNeill argued the cause for respondent (Messrs. Beggans and Stevens, attorneys).

Before Judges CONFORD, KOLOVSKY and CARTON.

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

Plaintiff insured brought this action against defendant Service Life Insurance Company of Omaha to recover benefits claimed to be due under a hospitalization insurance policy. Defendant denied liability on the ground that the policy had lapsed for failure to pay the premium before the expiration of the 31-day grace period specified in the policy, which provides:

A grace period of 31 days will be granted...

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