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CATTON v. INS. UNDERWRITING ASS'N

242 N.J. Super. 5 (1990)

576 A.2d 1

JOSEPH AND PAULINE CATTON, PLAINTIFFS-APPELLANTS, v. THE NEW JERSEY FULL INSURANCE UNDERWRITING ASSOCIATION, DEFENDANT-RESPONDENT, AND STATE FARM INSURANCE COMPANIES, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided April 10, 1990.

Attorney(s) appearing for the Case

Marmorstein, Abrams & Solomon, attorney for appellants (Robert Joel Marmorstein, on the brief).

Rooney, Peduto & Rooney, attorneys for respondent, The New Jersey Full Insurance Underwriting Association (Charles A. Rooney, Jr., on the brief).

Before Judges SHEBELL and KEEFE.

PER CURIAM.

Plaintiffs Joseph and Pauline Catton appeal from the entry of summary judgment in favor of the defendant New Jersey Full Insurance Underwriting Association, commonly referred to as the JUA. The issue presented on appeal is whether the JUA may rescind an automobile insurance policy after erroneously extending coverage to an "unqualified applicant" under N.J.S.A. 17:30E-3(m) when that applicant did not make any misrepresentations in obtaining the...

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