DALY v. PAUL REVERE VARIABLE ANNUITY INS. CO.


199 N.J. Super. 584 (1984)

489 A.2d 1279

ROSEMARY DALY, PLAINTIFF, v. THE PAUL REVERE VARIABLE ANNUITY INSURANCE COMPANY, DEFENDANT.

Superior Court of New Jersey, Law Division Essex County.

Decided December 11, 1984.


Attorney(s) appearing for the Case

Thomas E. Durkin, Jr. for plaintiff.

James M. Shaughnessy for defendant (Haythe & Curley; Krugman, Chapnick & Grimshaw, attorneys.)


NEWMAN, J.S.C.

Defendant, Paul Revere Variable Annuity Insurance Company has moved for summary judgment against plaintiff Rosemary Daly, the beneficiary of a $250,000 life insurance policy issued by Paul Revere in which her late husband John Daly was the insured.1 Paul Revere has refused payment on the policy on the grounds of equitable fraud. Paul Revere maintains that the application for insurance contained material misrepresentations...

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