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MASSACHUSETTS MUT. v. MANZO

122 N.J. 104 (1991)

584 A.2d 190

MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. ANNA MARIE MANZO A/K/A NINA MANZO AND THE ESTATE OF ALBERT MANZO, JR., DEFENDANTS AND THIRD-PARTY PLAINTIFFS-RESPONDENTS, AND EQUIFAX SERVICES, INC., A CORPORATION OF THE STATE OF GEORGIA; 20TH CENTURY CONSULTANTS, INC., A CORPORATION OF THE STATE OF NEW JERSEY; JACK LAROCCA, HOOSHANG KIPIANI AND BRUCE BERBERIAN, THIRD-PARTY DEFENDANTS.

The Supreme Court of New Jersey.

Decided January 16, 1991.

Attorney(s) appearing for the Case

Eugene M. Haring argued the cause for appellant (McCarter & English; Eugene M. Haring and David R. Kott, of counsel; Eugene M. Haring, David R. Kott, B. John Pendleton, Jr., and Penelope M. Taylor, on the briefs).

Michael F. Chazkel argued the cause for respondents (Chazkel & Bergenfield, attorneys; Michael F. Chazkel and Richard A. Epstein, on the brief).

William R. Holzapfel submitted a brief on behalf of amici curiae American Council of Life Insurance and Health Insurance Association of America (LeBoeuf, Lamb, Leiby & MacRae, attorneys).

Burtis W. Horner submitted a brief on behalf of amicus curiae The Prudential Insurance Company of America (Stryker, Tams & Dill, attorneys; Burtis W. Horner and Wilma M. Kenny, on the brief).

The opinion of the Court was delivered by POLLOCK, J.

The primary issue is whether within the period of contestability an insurer may rescind the life insurance policy of an insured whose false representations in his insurance application affected the insurer's estimate of the risk and the calculation of the premium. After a non-jury trial, the Chancery Division held that the false statements of the decedent, Albert Manzo, Jr., in his application constituted equitable...

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