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PAUL REVERE LIFE INS. CO. v. HAAS

266 N.J. Super. 35 (1993)

628 A.2d 772

THE PAUL REVERE LIFE INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. GILBERT K. HAAS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 7, 1993.

Attorney(s) appearing for the Case

Robert Wright argued the cause for appellant (Melli & Wright, attorneys; Mr. Wright and Cynthia Dokas on the brief).

Brian T. Campion argued the cause for respondent (Herten, Burstein, Sheridan & Cevasco, attorneys; Mr. Campion on the brief).

Before Judges GAULKIN, HAVEY and STERN.

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

Plaintiff Paul Revere Life Insurance Company appeals from a summary judgment dismissing its complaint against its insured, defendant Gilbert K. Haas. The gravamen of plaintiff's complaint is that its disability insurance policy issued to defendant should be rescinded because of material misrepresentations made by him in his application for insurance. Alternatively, plaintiff seeks a

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