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WEINSTEIN v. MUT. BENEFIT LIFE

713 A.2d 569 (1998)

313 N.J. Super. 609

Richard WEINSTEIN, Plaintiff-Respondent, v. MUTUAL BENEFIT LIFE IN REHABILITATION, as successor to Mutual Benefit Life Insurance Company, Defendant-Appellant, and Alter & Company, Inc., and Jeffrey Dunst, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided July 10, 1998.

Attorney(s) appearing for the Case

Robert E. Bennett for defendant-appellant (Hill Wallack, attorneys; Mr. Bennett on the brief).

No brief was filed on behalf of respondent.

No other parties participated in this appeal.

Before Judges SKILLMAN, EICHEN and STEINBERG.

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

The primary issue presented on this appeal is whether certain misrepresentations made by plaintiff Richard Weinstein concerning his income and medical history in an application for a disability income insurance policy entitled defendant Mutual Benefit Life in Rehabilitation (Mutual Benefit)3 to rescind the policy. The motion judge concluded that the misrepresentations did not bar...

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