Estate of Rivera v. North American Co. for Life & Health Ins.

ALLEY, J.S.C.

A. Introduction:

This opinion deals with the effect, if any, that the inability of an applicant for insurance to communicate in English should have when the court is considering whether the insurer has a right (under Massachusetts Mutual Life Insurance Co. v. Manzo, 122 N.J. 104, 111, 584 A.2d 190 (1991)), to rescind a policy of insurance within the contestability period. This question arises in the context of a motion by defendant North American Company for Life and Health Insurance (“insurer”) for summary judgment dismissing plaintiffs’ complaint and allowing it to rescind a…