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SPILKER v. WILLIAM PENN LIFE INS.

251 N.J. Super. 480 (1991)

598 A.2d 929

NANCY SPILKER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JOHN SPILKER, DECEASED, PLAINTIFF-RESPONDENT, v. WILLIAM PENN LIFE INSURANCE COMPANY OF NEW YORK, DEFENDANT-APPELLANT, AND ABC COMPANY, DEF COMPANY, XYZ COMPANY, JOHN DOE I, JOHN DOE II AND JOHN DOE III, SAME BEING UNKNOWN, FICTITIOUS AND/OR UNIDENTIFIED RESPONSIBLE PERSONS OR ENTITIES, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 4, 1991.

Attorney(s) appearing for the Case

Rosalie Burrows argued the cause for appellant (McCarter & English, attorneys, Rosalie Burrows of counsel and on the brief and Penelope M. Taylor on the brief).

Arthur L. Shanker argued the cause for respondent, Arthur L. Shanker on the brief.

Before Judges ANTELL, LONG and THOMAS.

THOMAS, J.S.C. (temporarily assigned).

In this appeal we are called upon to review the motion judge's interpretation of life insurance incontestability established by N.J.S.A. 17B:25-4. On cross motions for summary judgment he ruled, based upon the facts of this case, the insurance company was barred from raising equitable fraud to contest the validity of the policy. We disagree and reverse.

In February 1988, John J. Spilker applied for life insurance...

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