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PRUDENTIAL INSURANCE COMPANY OF AMERICA v. ROZAR

162 A.2d 715 (1960)

PRUDENTIAL INSURANCE COMPANY OF AMERICA, a corporation of the State of New Jersey, Plaintiff, v. Wilbur T. ROZAR, Individually and Wilbur T. Rozar, next of kin and personal representative of Isabella Rozar, Defendant.

Court of Chancery of Delaware, New Castle.

June 16, 1960.

Attorney(s) appearing for the Case

C. W. Berl, Jr., of Berl, Potter & Anderson, Wilmington, for plaintiff.

Wilfred J. Smith, Jr., and Frank J. Gentile, Jr., Wilmington, for defendant.

SEITZ, Chancellor.

This is an action by plaintiff-insurance company to rescind on the ground of fraud a policy of life disability insurance. Defendant, served both individually and as next of kin of the deceased insured ("defendant"), has filed a motion to dismiss the complaint on the ground that the action was commenced at a time when the policy had become incontestable. He has moved, in the alternative, in effect, to strike Paragraphs 3(b) and (c) on the ground...

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