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HARTFORD LIFE AND ACC. INS. CO. v. NITTOLO

Civil Action No. 95-1811 (JBS).

955 F.Supp. 331 (1997)

HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY, Plaintiff, v. John J. NITTOLO, Defendant, Third-Party Plaintiff, v. Paul Coleman GARBER, Third-Party Defendant.

United States District Court, D. New Jersey.

January 24, 1997.

Attorney(s) appearing for the Case

Douglas F. Johnson, Earp, Cohn, Leone & Pendery, Westmont, NJ, for Plaintiff.

James D. Brady, Merchantville, NJ, for Defendant.

Mark S. Nathan, McDonald, Nathan & Carbone, Mount Laurel, NJ, for Third-Party Defendant.

OPINION

SIMANDLE, District Judge:

Presently before the court are the motions for summary judgment of plaintiff Hartford Life and Accident Insurance Company ("Hartford") and third party defendant Paul Coleman Garber ("Garber") pursuant to Fed. R.Civ.P. 56. For the reasons stated below, both motions will be granted.

I. Background

Defendant John J. Nittolo applied for and was issued a disability income insurance policy...

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