Rossman v. New York Life Insurance

HEDRICK, Judge.

There being no genuine issue as to any material fact, the question to be resolved on this appeal is whether defendant is entitled to judgment as a matter of law. G.S. 1A-1, Rule 56 (c), Rules of Civil Procedure. Plaintiff first contends that the substantive law of the State of New York governs this action since both contracts of insurance were completed in the State of New York; however, N. C. G.S. 58-28 declares that “All contracts of insurance on property, lives, or interests in this State shall be deemed to be made therein. . . .” Therefore, since at the time of his death…