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MENICHELLI v. MASS. GEN. LIFE INS. CO.

152 N.J. 194 (1997)

704 A.2d 546

CAROL A. MENICHELLI, INDIVIDUALLY AND GUARDIAN AD LITEM OF RICHARD MENICHELLI, JR., AN INFANT, PLAINTIFF-APPELLANT, v. MASSACHUSETTS GENERAL LIFE INSURANCE COMPANY, A CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided December 17, 1997.

Attorney(s) appearing for the Case

Charles J. Casale, Jr., argued the cause for appellant (Casale and Popp, attorneys).

Robert P. Casey, argued the cause for respondent (Lenox, Socey, Wilgus, Formidoni & Casey, attorneys).

PER CURIAM.

We granted certification, 149 N.J. 34, 692 A.2d 47 (1997), primarily to consider whether this case calls for an exception to the general rule that permits, within the two-year contestability period, rescission of a life insurance policy when the insured has made material misrepresentations in applying for the policy. Plaintiff urges that there be such an exception when the policy is required...

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