Metro. Life Ins. Co. v. Tarnowski, No. 227.
| Court | United States State Supreme Court (New Jersey) |
| Writing for the Court | HEHER, Justice |
| Citation | 20 A.2d 421,130 N.J.Eq. 1 |
| Parties | METROPOLITAN LIFE INS. CO. v. TARNOWSKI. |
| Decision Date | 29 May 1941 |
| Docket Number | No. 227. |
130 N.J.Eq. 1
METROPOLITAN LIFE INS. CO.
v.
TARNOWSKI.
No. 227.
Court of Errors and Appeals of New Jersey.
May 29, 1941.
Appeal from Court of Chancery.
Suit by the Metropolitan Life Insurance Company against Walter M. Tarnowski to restrain enforcement of a judgment at law obtained by the defendant against the complainant in an action on a life policy. From a decree for complainant, the defendant appeals.
Affirmed.
David I. Stepacoff, of Perth Amboy, for appellant.
Clifford I. Voorhees, of New Brunswick, for respondent.
HEHER, Justice.
The question here is whether chancery is invested with jurisdiction to restrain the enforcement of a judgment at law "for equitable fraud" under these circumstances: Tarnowski, the defendant herein, sued the complainant insurer at law on a policy of insurance issued upon the life of his deceased mother, payable to him as beneficiary. The insurer answered setting up "fraudulent" misrepresentations, suppression and concealment by the insured of certain facts material to the risk respecting illnesses and the nature thereof, attendance by physicians, medical treatment, hospitalization, condition of health, and so on. There was also a counterclaim for a declaratory judgment cancelling the policy under R.S.1937, 2:26-66, et seq., N.J.S.A. 2:26-66 et seq. There was a verdict for Tarnowski; and judgment was entered thereon. Defendant's motion for a declaratory judgment was denied. Concededly, the issue submitted to the jury was whether the insured had, in the matters thus pleaded, practiced moral or conscious fraud, and the verdict exonerated her of such intentional misrepresentation or concealment. After the judgment, the insurer interposed this bill of complaint, averring that the insured in the particulars mentioned made "material representations untrue in fact, and upon which complainant relied when it issued said contract or policy
of insurance," and its rescission of the contract upon that ground; that said policy "was procured through misrepresentations in fact, but complainant was unable to establish or prove legal or conscious fraud in" the action at law; and praying for a decree voiding the policy and restraining the collection of the judgment at law. Such a decree was entered upon the final hearing; and the insistence is that it is erroneous for these reasons: (1) the judgment at law is res judicata of the issue; (2) laches; (3) there was a conclusive election of remedies; and (4) the proofs do not establish fraud, legal or equitable. We find them to be untenable.
First. The evidence establishes misrepresentations in several matters material to the risk; and we concur in the conclusion of the learned vice chancellor in this respect. The insured was a native of Poland, and had but a very limited use of the English language, so much so that an interpreter was required when she made answer to the queries contained in the application for the policy; and it may very well be that the jury concluded that under all the circumstances the burden of proof of conscious fraud had not been sustained.
Second. Whatever the rule be in other jurisdictions, it is embedded in our jurisprudence that, while a mere misrepresentation devoid of intent to deceive will not sustain an action in deceit...
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Rolnick v. Rolnick
...Life Assurance Soc'y v. New Horizons, Inc., 28 N.J. 307, 314 [146 A.2d 466] (1958). See also Metropolitan Life Ins. Co. v. Tarnowski, 130 N.J.Eq. 1, 3 [20 A.2d 421] (E. & A.1941); Hernig v. Harris, 117 N.J.Eq. 146, 150-51 [175 A. 169] (Ch.1934). Thus, "[w]hatever would be fraudulent at law ......
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Ettelson v. Metropolitan Life Ins. Co., No. 732.
...& Trust Co., 121 N.J.L. 389, 2 A.2d 361; Simon v. Townsend, 27 N.J.Eq. 302. 23 See Metropolitan Life Ins. Co. v. Tarnowski, Err. & App., 130 N.J.Eq. 1, 20 A.2d 24 Attention is called to Fitzpatrick et al. v. Sun Life Assurance Company of Canada, D.C.N.J., 1 F.R.D. 713, Smith, J., memorandum......
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Massachusetts Mut. Life Ins. Co. v. Manzo
...Inc., 28 N.J. 307, 314, 146 A.2d 466 (1958). Equitable essentially followed Metropolitan Life Insurance Co. v. Tarnowski,[560 A.2d 1225] 130 N.J.Eq. 1, 3, 20 A.2d 421 (E. & A. 1941) and its statement Whatever the rule be in other jurisdictions, it is embedded in our jurisprudence that, whil......
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Fioretti v. Massachusetts General Life Ins. Co., No. 93-5187
...See Prudential Ins. Co. of Am. v. Connallon, 154 A. 729, 730 (N.J.Ct.Err. & App.1931); but see Metropolitan Life Ins. Co. v. Tarnowski, 20 A.2d 421, 423-24 (N.J.Ct.Err. & App.1941). However, in a recent decision involving the incontestability clause of a life insurance policy governed by Se......
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Rolnick v. Rolnick
...Life Assurance Soc'y v. New Horizons, Inc., 28 N.J. 307, 314 [146 A.2d 466] (1958). See also Metropolitan Life Ins. Co. v. Tarnowski, 130 N.J.Eq. 1, 3 [20 A.2d 421] (E. & A.1941); Hernig v. Harris, 117 N.J.Eq. 146, 150-51 [175 A. 169] (Ch.1934). Thus, "[w]hatever would be fraudulent at law ......
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Ettelson v. Metropolitan Life Ins. Co., No. 732.
...& Trust Co., 121 N.J.L. 389, 2 A.2d 361; Simon v. Townsend, 27 N.J.Eq. 302. 23 See Metropolitan Life Ins. Co. v. Tarnowski, Err. & App., 130 N.J.Eq. 1, 20 A.2d 24 Attention is called to Fitzpatrick et al. v. Sun Life Assurance Company of Canada, D.C.N.J., 1 F.R.D. 713, Smith, J., memorandum......
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Massachusetts Mut. Life Ins. Co. v. Manzo
...Inc., 28 N.J. 307, 314, 146 A.2d 466 (1958). Equitable essentially followed Metropolitan Life Insurance Co. v. Tarnowski,[560 A.2d 1225] 130 N.J.Eq. 1, 3, 20 A.2d 421 (E. & A. 1941) and its statement Whatever the rule be in other jurisdictions, it is embedded in our jurisprudence that, whil......
-
Fioretti v. Massachusetts General Life Ins. Co., No. 93-5187
...See Prudential Ins. Co. of Am. v. Connallon, 154 A. 729, 730 (N.J.Ct.Err. & App.1931); but see Metropolitan Life Ins. Co. v. Tarnowski, 20 A.2d 421, 423-24 (N.J.Ct.Err. & App.1941). However, in a recent decision involving the incontestability clause of a life insurance policy governed by Se......