Opinion
Argued October 5, 1981 —
Decided October 21, 1981.
On appeal from the Superior Court, Law Division, Cumberland County, 174 N.J. Super. 271, Miller, J.S.C.
Before Judges KING and POLOW.
Robert P. Clark argued the cause for appellant ( Clark, Gertler Hanna attorneys).
Anthony D. Buonadonna argued the cause for respondents ( Tusco, Gruccio, Pepper, Buonadonna, Giovinazzi Butler attorneys).
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.