Herman H. Harr and Blanche Harr, His Wife, Plaintiffs-Appellants and Cross-Respondents v. Allstate Insurance…

Summary

The Supreme Court of New Jersey held that equitable estoppel may be used to bar a insurer's defense of non‑coverage even when the alleged misrepresentation occurred before or at the inception of the contract, and that the parol‑evidence rule does not preclude such estoppel. The Court also affirmed the Appellate Division's application of the relation‑back rule to permit amendment of the complaint despite the expired statutory limitation period, and remanded the case for a new trial on the merits.