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SCHWARTZ v. JOHN HANCOCK MUTUAL LIFE INS. CO.

99 N.J. Super. 223 (1968)

239 A.2d 248

FRANK H. SCHWARTZ AND LOUISE SCHWARTZ, PLAINTIFFS-RESPONDENTS, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 14, 1968.

Attorney(s) appearing for the Case

Mr. Edward J. Russo argued the cause for defendant-appellant (Messrs. Nugent, Russo & Tumulty, attorneys).

Mr. Frederick Klaessig argued the cause for plaintiffs-respondents.

Before Judges GAULKIN, LEWIS and KOLOVSKY.

PER CURIAM.

The facts of the case and the terms of the policy are set forth in Judge Botter's opinion reported in 96 N.J.Super. 520 (Law Div. 1967). He concluded "Since the facts before the court are not in dispute in material respects, plaintiffs' motion for judgment could have been granted as a matter of law." We agree and affirm.

Since plaintiffs' motion for judgment should have been granted, it is not necessary...

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