Downs v. Prudential Ins. Co. of America

130 N.J. Super. 558 (1974)

328 A.2d 20

EDWARD J. DOWNS, PLAINTIFF,

v.

THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided June 4, 1974.

Mr. Leonard Meyerson for plaintiff (Messrs. Miller, Hochman, Meyerson & Miller, attorneys).

Mr. Edward J. Russo for defendant (Messrs. Nugent, Russo & Tumulty, attorneys).

THURING, J.S.C.

Plaintiff seeks summary judgment on the ground that the incontestability provisions of a life insurance policy issued to his deceased wife became operative, barring defenses asserted by defendant insurance company. Plaintiff's…