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Meerwarth v. Meerwarth

Decided: November 5, 1975.

PRISCILLA S. MEERWARTH, PLAINTIFF-APPELLANT,
v.
RALPH N. MEERWARTH, DEFENDANT-RESPONDENT



Kolovsky, Bischoff and Botter.

Per Curiam

[137 NJSuper Page 66] Plaintiff appeals from an order denying her application for an order compelling defendant, her former husband from whom she had been divorced, to submit to a

physical examination so that she may secure life insurance on defendant's life.

We affirm. We do not reach or decide the issue whether, under any circumstances, a divorced wife may compel her former husband to submit to a physical examination required by an insurance company so that she may obtain a policy of life insurance on the husband's life. Even if we were to assume that such relief might be granted in appropriate circumstances, it is clear -- as the trial judge ruled -- that under the circumstances of this case there is no warrant for granting the relief requested.

The order is affirmed. Plaintiff's application for costs and counsel fees on ...


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