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

92 N.J. Super. 92 (1966)

222 A.2d 282

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, ETC., PLAINTIFF-APPELLANT, v. LAWRENCE WALL, ET AL., DEFENDANTS-RESPONDENTS. RALPH P. PHILLIPS, ET AL., PLAINTIFFS-RESPONDENTS, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, DEFENDANT-APPELLANT, AND LAWRENCE WALL, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 5, 1966.

Attorney(s) appearing for the Case

Mr. Nicholas R. Rapuano argued the cause for appellant, State Farm Mutual Automobile Insurance Company (Messrs. Gelman and Gelman, attorneys; Mr. Ervan F. Kushner, of counsel).

Mr. H. Curtis Meanor argued the cause for Ralph P. Phillips et al. and Lawrence Wall (Messrs. Lamb, Blake, Hutchinson & Dunne, attorneys for Ralph P. Phillips et al; Messrs Slingland, Bernstein & van Hartogh, attorneys for Lawrence Wall).

Before Judges GAULKIN, LABRECQUE and BROWN.

GAULKIN, S.J.A.D.

State Farm brought an action against its assured, Lawrence Wall, for rescission of an automobile liability insurance policy because of Wall's allegedly false and fraudulent misrepresentations. Phillips, Simmons and Washington were injured in an accident for which Wall is allegedly liable. They brought a declaratory judgment action against State Farm and Wall to determine their rights in the afore-mentioned policy. The two actions were consolidated...

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