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KOLWICZ v. AMERICAN HEALTH & LIFE INS. CO.

165 N.J. Super. 139 (1979)

397 A.2d 1096

STANLEY J. KOLWICZ, PLAINTIFF-APPELLANT, v. AMERICAN HEALTH & LIFE INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 5, 1979.

Attorney(s) appearing for the Case

Mr. Herbert L. McCarter argued the cause for appellant.

Mr. Henry A. Larner argued the cause for respondent (Messrs. Budd, Larner, Kent, Gross, Picillo & Rosenbaum, attorneys; Mr. Larner, of counsel).

Before Judges SEIDMAN and BOTTER.

PER CURIAM.

Plaintiff brought this action against defendant insurance company for benefits under a Mortgage Accident and Health Insurance policy issued to him. Holding that the policy clearly excluded such benefits under the undisputed facts before it, the trial judge granted summary judgment in favor of defendant. Plaintiff appeals.

To the extent relevant here, the policy provided for the payment of benefits in the event of total and continuous disability...

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