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LEDLEY v. WILLIAM PENN LIFE INS. CO.

138 N.J. 627 (1995)

651 A.2d 92

JANICE LEDLEY, PLAINTIFF-APPELLANT, v. WILLIAM PENN LIFE INSURANCE CO., LEONARD C. WEISSBERGER, AND PENN EQUITIES CORP., DEFENDANTS-RESPONDENTS, AND JOHN DOES 1-5, JOHN DOE BEING A FICTITIOUS NAME, DEFENDANTS.

The Supreme Court of New Jersey.

Decided January 5, 1995.

Attorney(s) appearing for the Case

George F. Hendricks argued the cause for appellant (Hendricks & Hendricks, attorneys; Mr. Hendricks, of counsel; Patricia M. Love, on the brief).

B. John Pendleton, Jr., argued the cause for respondent William Penn Life Insurance Co. (McCarter & English, attorneys; Mr. Pendleton and Eugene M. Haring, of counsel; Mr. Haring and Andrew O. Bunn, on the brief).

Carol A. Pisano argued the cause for respondents Leonard C. Weissberger and Penn Equities Corp. (Lambert & Weiss, attorneys; Ms. Pisano, Monroe Weiss, and Evan H. Stoller, of counsel; Ms. Pisano and Mr. Stoller, on the brief).

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

This appeal concerns the duties of an insurer and its agent when issuing a policy insuring the life of an insured who misrepresented his health in the policy application. In an unreported opinion, the Appellate Division affirmed the Law Division's grant of motions for summary judgment by defendants, William Penn Life Insurance Co. (William Penn or the insurer); Penn Equities, its general agent; and Leonard Weissberger...

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