Johnson v. METROPOLITAN LIFE INS. COMPANY

The opinion of the court was delivered by

Weintbaub, C. J.

This is a suit upon a health and accident policy issued by defendant Progressive Life Insurance Company (the claim against Metropolitan Life Insurance Company was disposed of by the parties). The insured died before trial and his personal representative was substituted. Plaintiff obtained judgment on a jury verdict, but the Appellate Division reversed, finding that the carrier was entitled to prevail as a matter of law. Johnson v. Metropolitan Ins. Co., 99 N. J. Super. 463 (App. Div. 1968). We granted plaintiff’s petition for…