Caiola v. Aetna Life Insurance

The opinion of the court was delivered by

Perskie, J.

On defendant’s appeal to this court we set aside the judgment in favor of the plaintiff, which was based on a directed verdict, and ordered a new trial. We held, among other things, that it was prejudicial error to exclude defendant’s offer to prove, pursuant to its answer, its alleged agreement of non-waiver with its assured. For a detailed statement of the facts of that case and onr determination thereof see opinion reported in 12 N. J. Mis. R. 484; 172 Atl. Rep. 819.

This time the plaintiff appeals from the judgment, which is based on a…