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Gosselin v. National Aviation Underwriters

Decided: October 19, 1976.

EUGENE GOSSELIN, PLAINTIFF-APPELLANT,
v.
NATIONAL AVIATION UNDERWRITERS, DEFENDANT-RESPONDENT



For affirmance -- Justices Mountain, Sullivan, Pashman, Clifford and Schreiber and Judge Conford. For reversal -- None.

Per Curiam

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.

19761019 ...


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