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JOHNSON v. METROPOLITAN INS. CO.

99 N.J. Super. 463 (1968)

240 A.2d 434

JAMES L. JOHNSON, PLAINTIFF-RESPONDENT, v. METROPOLITAN INSURANCE COMPANY, A NEW YORK CORPORATION, DEFENDANT, AND PROGRESSIVE LIFE INSURANCE COMPANY, A NEW JERSEY CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 23, 1968.

Attorney(s) appearing for the Case

Mr. Burton L. Fundler argued the cause for appellant (Messrs. Mirne, Nowels, Fundler & Cornblatt, attorneys).

Mr. Eugene T. Radeliffe argued the cause for respondent (Messrs. Powell and Davis, attorneys).

Before Judges GOLDMANN, KILKENNY and CARTON.

The opinion of the court was delivered by KILKENNY, J.A.D.

This is an appeal by defendant Progressive Life Insurance Company from a judgment in the amount of $8,021.81 in favor of the substituted plaintiff Katherine F. Johnson, executrix of the estate of James L. Johnson. Decedent had instituted suit in his lifetime to recover benefits claimed to be due him under a lifetime disability policy issued by Progressive to him on December 13, 1961. He died before trial and...

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