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RUSS v. METROPOLITAN LIFE INS. CO.

112 N.J. Super. 265 (1970)

270 A.2d 759

ELIZABETH RUSS, PLAINTIFF, v. METROPOLITAN LIFE INSURANCE COMPANY, A CORPORATION OF THE STATE OF NEW YORK, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided November 9, 1970.

Attorney(s) appearing for the Case

Mr. Sol D. Kapelsohn for plaintiff (Messrs. Kapelsohn, Lerner, Leuchter & Reitman, attorneys).

Mr. John L. McGoldrick for defendant (Mr. Eugene N. Haring, of counsel, Messrs. McCarter & English, attorneys).

ACKERMAN, J.S.C.

This matter is before the court on plaintiff's motion for judgment. It raises the question whether a life insurance policy may still be declared invalid after the death of the insured on the ground of equitable fraud and, in particular, it involves consideration of the scope and effect of the recent decision of the Supreme Court in Johnson v. Metropolitan Life Insurance Company,

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