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LINDSAY v. U.S. LIFE INS. CO.

80 N.J. Super. 465 (1963)

194 A.2d 31

JOHN S. LINDSAY, JR., AND THELMA LINDSAY, HIS WIFE, PLAINTIFFS, v. THE UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK, A NEW YORK CORPORATION, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided September 20, 1963.

Attorney(s) appearing for the Case

Mr. Eugene H. Gilmartin, attorney for plaintiffs.

Mr. Bertram M. Light, Jr. for defendant (Messrs. Toner, Crowley, Woelper & Vanderbilt, attorneys).

G.H. BROWN, J.C.C. (temporarily assigned).

In this action plaintiffs John S. Lindsay, Jr. and Thelma Lindsay are husband and wife. They sue on a major medical expense policy issued by defendant to recover the cost of treating her illness. Additionally, they demand a declaratory judgment as to the validity of future claims.

Defendant denies liability on the ground that issuance of the policy was induced by fraud. In particular, it is alleged

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