Provident Life & Casualty Insurance v. Fein

The opinion of the court was delivered by

COBURN, J.A.D.

Plaintiff, Provident Life and Casualty Insurance Company, sued in the Chancery Division to rescind a disability insurance policy issued to the defendant, Bruce A. Fein; alternatively, Provident sought a declaratory judgment that defendant wás not disabled under the terms of the policy. Defendant filed a counterclaim for breach of contract, claiming entitlement to the policy’s benefits. *113Both parties sought summary judgment on the issue of rescission. Provident prevailed, and defendant filed this appeal. Since we believe Provident was not…