STATE FARM MUT. AUTO. INS. CO. v. WALL


87 N.J. Super. 543 (1965)

210 A.2d 109

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, AN ILLINOIS CORPORATION, PLAINTIFF, v. LAWRENCE WALL, RALPH P. PHILLIPS, LEROY SIMMONS AND BERTHA WASHINGTON, DEFENDANTS. RALPH P. PHILLIPS, LEROY SIMMONS, AND BERTHA WASHINGTON, PLAINTIFFS, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, AN ILLINOIS CORPORATION, AND LAWRENCE WALL, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided April 30, 1965.


Attorney(s) appearing for the Case

Mr. Nicholas R. Rapuano for State Farm Mutual Automobile Insurance Company (Messrs. Gelman & Gelman, attorneys).

Mr. Paul B. Thompson for Ralph P. Phillips, Leroy Simmons and Bertha Washington (Messrs. Lamb, Blake, Hutchinson & Dunne, attorneys).

Mr. George van Hartogh for Lawrence Wall (Messrs. Slingland, Bernstein & van Hartogh, attorneys).


KOLOVSKY, A.J.S.C.

In these consolidated actions State Farm Mutual Automobile Insurance Company (State Farm) seeks rescission of a liability and collision insurance policy issued by it to Lawrence Wall covering a 1962 Pontiac sports coupe.

On August 23, 1962, while the policy was in effect, Wall, driving the automobile on Route 23 in Wayne, New Jersey, collided with an automobile being driven by Leroy Simmons...

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