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Melick v. Stanley

Decided: October 21, 1981.

FRANK H. MELICK, PLAINTIFF-APPELLANT,
v.
JAMES L. STANLEY AND JAMES L. STANLEY, JR., DEFENDANTS-RESPONDENTS



On appeal from the Superior Court of New Jersey, Law Division, Cumberland County.

King and Polow.

Per Curiam

The summary judgment granted in favor of defendants is affirmed substantially for the reasons expressed in Judge Miller's reported opinion. Melick v. Stanley , 174 N.J. Super. 271 (Law Div.1980). We need not consider whether Nationwide's subrogation interests would be preserved if Delaware law were not applicable, id. at 277-78 since we agree with Judge Miller's conclusion that Delaware law does apply. "[T]he place of the contract will govern the determination of the rights and liabilities of the parties under the insurance policy." State Farm, etc., Ins. Co. v. Simmons' Estate , 84 N.J. 28, 37 (1980).

Affirmed.

19811021 ...


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