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PIONEER NATIONAL TITLE INSURANCE CO. v. LUCAS

155 N.J. Super. 332 (1978)

382 A.2d 933

PIONEER NATIONAL TITLE INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. PHYLLIS LUCAS AND LAWRENCE E. GOLDSCHMIDT, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 12, 1978.

Attorney(s) appearing for the Case

Mr. Richard E. Brennan argued the cause for appellant (Messrs. Shanley & Fisher, attorneys).

Mr. James J. Higgins argued the cause for respondent Phyllis Lucas (Messrs. Porzio & Bromberg, attorneys).

Mr. Charles W. Hutchinson argued the cause for respondent Lawrence E. Goldschmidt (Messrs. Lamb, Hutchinson, Chappell, Ryan & Hartung, attorneys).

Before Judges LYNCH, BISCHOFF and KOLE.

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

Plaintiff (Pioneer) brought this action to rescind a policy of title insurance issued to defendant Lucas on the ground that the policy had been procured by fraud. Goldschmidt, Lucas' attorney, was joined as an "interested party." The trial judge, sitting without a jury, entered judgment in favor of defendants. He denied rescission and directed Pioneer to defend...

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