Opinion
Argued November 17, 1975 —
Decided October 19, 1976.
Appeal from the Superior Court, Appellate Division.
Mr. Richard D. Catenacci argued the cause for plaintiff-appellant ( Messrs. McElroy, Connell, Foley Geiser, attorneys); Mr. Catenacci on the brief.
Mr. Frank L. Brunetti argued the cause for defendant-respondent ( Messrs. Lamb, Hutchinson, Chappell, Ryan Hartung, attorneys); Mr. Brunetti on the brief.
Under the Supplemental Findings of Fact by the trial judge rendered pursuant to our special order of remand it must be concluded that the defendant has established a case of material misrepresentation of fact by plaintiff warranting a judgment of rescission of the policy. Accordingly the judgment of the Appellate Division is
Affirmed.
For affirmance — Justices MOUNTAIN, SULLIVAN, PASHMAN, CLIFFORD and SCHREIBER and Judge CONFORD — 6.
For reversal — None.