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EMPIRE MUTUAL INSURANCE CO. v. MELBURG

67 N.J. 139 (1975)

336 A.2d 483

EMPIRE MUTUAL INSURANCE COMPANY, PLAINTIFF-RESPONDENT, v. EUGENE MELBURG, VALENTINA MELBURG, AN INFANT BY HER GUARDIAN AD LITEM, LUBOV MELBURG, LUBOV MELBURG, INDIVIDUALLY AND MARY G. SCHAAFSMA, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided April 18, 1975.

Attorney(s) appearing for the Case

Mr. Michael J. Cernigliaro argued the cause for defendant-appellant Mary G. Schaafsma (Messrs. Campbell, Foley, Lee, Murphy & Cernigliaro, attorneys).

Mr. James F. Hammill argued the cause for plaintiff-respondent (Mr. Thomas F. Daly, of counsel; Messrs. McCarter & English, attorneys).

PER CURIAM.

In this declaratory judgment action involving the question of automobile liability insurance coverage under a policy issued by Empire Mutual Insurance Company, we conclude that the trial judge was correct in holding that New York law applied to the construction of the policy, and that under New York law the policy, as written, did not extend coverage to the claim for personal injuries asserted by Lubov Melburg against her husband Eugene Melburg.

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