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FORMOSA v. EQUITABLE LIFE ASSURANCE SOCIETY OF U.S.

166 N.J. Super. 8 (1979)

398 A.2d 1301

CLAIRE FORMOSA, PLAINTIFF-RESPONDENT, v. THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 31, 1979.

Attorney(s) appearing for the Case

Mr. Charles W. Hutchinson argued the cause for appellant (Messrs. Lamb, Hutchinson, Chappell, Ryan & Hartung, attorneys; Mr. Hutchinson on the brief).

Mr. Paul A. Dykstra argued the cause for respondent (Messrs. Breslin & Breslin, attorneys; Mr. Dykstra on the brief).

Before Judges LORA, MICHELS and LARNER.

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

Defendant The Equitable Life Assurance Society of the United States (Equitable) appeals from a judgment of the Law Division awarding plaintiff Claire Formosa $72,187 under a life insurance policy issued on the life of her husband Daniel J. Formosa (Dr. Formosa), and dismissing its counterclaim for rescission of the policy.

On April 17, 1973 Equitable issued a life insurance policy to Dr. Formosa on...

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