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MASSACHUSETTS MUT. v. MANZO

234 N.J. Super. 266 (1989)

560 A.2d 1215

MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, PLAINTIFF-RESPONDENT, v. ANNA MARIE MANZO A/K/A NINA MANZO AND THE ESTATE OF ALBERT MANZO, JR., DEFENDANTS-THIRD-PARTY PLAINTIFFS-APPELLANTS, v. EQUIFAX SERVICES, INC., A CORPORATION OF THE STATE OF GEORGIA; 20TH CENTURY CONSULTANTS, INC., A CORPORATION OF THE STATE OF NEW JERSEY; JACK LAROCCA, HOOSHANG KIPIANI AND BRUCE BERBERIAN, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 14, 1989.

Attorney(s) appearing for the Case

Michael F. Chazkel argued the cause for appellant.

David R. Kott argued the cause for respondent (McCarter & English, attorneys; Eugene M. Haring, of counsel and on the brief; David R. Kott, also on the brief).

No other parties participated in the appeal.

Before Judges PETRELLA, SHEBELL and LANDAU.

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

Massachusetts Mutual Life Insurance Company (Massachusetts Mutual) instituted suit against the Estate of Albert Manzo, whom it had insured, and his wife as the named beneficiary. It sought a declaratory judgment that its so-called "conditional receipt" executed by Manzo, as well as its life insurance policy issued after Manzo's death in connection with that receipt, were not effective to pay benefits because...

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