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Melick v. Stanley

New Jersey Superior Court, Appellate Division


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

[181 NJSuper Page 129]

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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