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PROVIDENT LIFE AND CAS. INS. CO. v. FEIN

310 N.J. Super. 110 (1998)

PROVIDENT LIFE AND CASUALTY INSURANCE COMPANY, A CORPORATION OF THE STATE OF TENNESSEE, PLAINTIFF-RESPONDENT, v. BRUCE A. FEIN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 13, 1998.

Attorney(s) appearing for the Case

William C. Slattery argued the cause for appellant (Agostini and Slattery, attorneys; Mr. Slattery, of counsel and on the brief).

Edward C. Cerny, III, argued the cause for respondent (Lane and Mittendorf, attorneys; Mr. Cerny, of counsel; Rodman E. Honecker, on the brief).

Before Judges SHEBELL, A.A. RODRIGUEZ and COBURN.

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

Plaintiff, Provident Life and Casualty Insurance Company, sued in the Chancery Division to rescind a disability insurance policy issued to the defendant, Bruce A. Fein; alternatively, Provident sought a declaratory judgment that defendant was not disabled under the terms of the policy. Defendant filed a counterclaim for breach of contract, claiming entitlement to the policy's benefits.

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