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VARACALLO v. MASS. MUT. LIFE INS. CO.

752 A.2d 807 (2000)

332 N.J. Super. 31

Paul VARACALLO, individually and on behalf of his minor child, Lisa F. Varacallo, and on behalf of all other persons similarly situated, Plaintiffs-Appellants, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 14, 2000.

Attorney(s) appearing for the Case

Bruce D. Greenberg, for plaintiffs-appellants (Lite, DePalma, Greenberg & Rivas, Newark, and Joseph N. Kravec, Jr.; Specter, Specter, Evans & Manogue of Pennsylvania bar, admitted pro hac vice, Pittsburgh, PA, attorneys; Mr. Greenberg and Mary Jean Pizza, Newark, on the brief).

Robert J. Del Tufo, Trenton, for defendant-respondent (McCarter & English, and Skadden, Arps, Slate, Meagher & Flom, attorneys, Newark; Vaughn C. Williams, Stanley Chinitz, Elliot Rothstein, New York City, and Mr. Del Tufo, on the brief).

Before Judges HAVEY, KEEFE, and A.A. RODRIGUEZ.

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

We granted plaintiffs' motion for leave to appeal the Law Division's denial of their class certification motion. Plaintiffs' motion sought to certify a class of all New Jersey residents who purchased so-called "vanishing premium" whole life insurance policies from defendant Massachusetts Mutual Life Insurance Company (Mass Mutual) during the period of 1985 to 1989. The sole issue to be resolved on appeal is whether...

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