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MASSACHUSETTS MUT. LIFE INS. CO. v. MANZO

214 N.J. Super. 385 (1986)

519 A.2d 898

MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. ANNA MARIE MANZO A/K/A NINA MANZO AND THE ESTATE OF ALBERT MANZO, JR., ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 22, 1986.

Attorney(s) appearing for the Case

David R. Kott argued the cause for appellant (McCarter & English, attorneys; Eugene M. Haring, Richard M. Eittreim and David R. Kott, of counsel; Eugene M. Haring, Richard M. Eittreim and David R. Kott and Marna L. Brown, on the brief).

Michael F. Chazkel argued the cause for respondents.

Before Judges FURMAN, SHEBELL and STERN.

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

Appellant, Massachusetts Mutual Insurance Company, appeals a Law Division ruling that the application of decedent, Albert Manzo, Jr., for life insurance is inadmissible as evidence in a declaratory judgment action in which the insurer seeks to rescind a Conditional Receipt and policy of insurance because of alleged material misrepresentations in the health history contained in the application.

Respondents...

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