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GOLDSTEIN v. METROPOLITAN CAS. INS. CO. OF N.Y.

14 N.J. Super. 214 (1951)

81 A.2d 797

HYMAN I. GOLDSTEIN, PLAINTIFF-RESPONDENT, v. METROPOLITAN CASUALTY INSURANCE COMPANY OF NEW YORK, A CORPORATION OF THE STATE OF NEW YORK, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 6, 1951.

Attorney(s) appearing for the Case

Mr. S.P. McCord argued the cause for appellant (Messrs. Starr, Summerill & Davis, attorneys).

Mr. Meyer L. Sakin argued the cause for respondent.

Before Judges McGEEHAN, JAYNE and Wm. J. BRENNAN, JR.

The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.A.D.

Defendant on June 15, 1946, issued a special disability policy, under a group insurance plan, and without a prior medical examination, to plaintiff, a physician and a member of the Rudolf Virchow Medical Society in the City of New York. Plaintiff paid premiums from June 15, 1946, until December 3, 1949, when the defendant returned a tendered premium. On November 22, 1948, plaintiff sustained...

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