Search Rutgers Law Library N.J. Court Opinions

1 /usr/local/share/www/libweb/collections/courts/supreme/a-76-20.opn.html -- rank: 1000

... to have insured those entities, under the Direct Action Statute, N.J.S.A. 17:28-2. The Court also considers the effect of the provisions in ... setting of this case. Based on the plain language of N.J.S.A. 17:28-2, however, Crystal Point’s claims against Kinsale are derivative claims ... which loss or damage the person insured is liable.” N.J.S.A. 17:28-2. The statute allows a victim to directly pursue an insurer ... property caused by animals or by any vehicle drawn.” N.J.S.A. 17:28-2. By its plain terms, the statute applies to either (1 ... person and for which the person insured is liable.” N.J.S.A. 17:28-2. Accordingly, the Direct Action Statute governs this appeal. (pp. 18 ... the action not exceeding the amount of the policy.” N.J.S.A. 17:28-2. One of the “terms of the policy” at ...

docket:
court:	New Jersey Supreme Court
decided:
status:
citation:
Document Size:	52213

2 ROBERT D. FERGUSON v. TRAVELERS INDEMNITY COMPANY -- rank: 779

... upon New Jersey's so-called direct action statute, 9 N.J.S.A. 17:28-2. That statute provides in pertinent part: No policy of insurance ... Law Division, that plaintiffs' "direct suit" here is barred by N.J.S.A. 17:28-2 because the statute only authorizes such a direct action for ... injury and property damage lawsuits. 10 We disagree. In essence, N.J.S.A. 17:28-2 requires that any New Jersey insurer who deals in certain ... instituted pursuant to a condition of the policy " mandated by N.J.S.A. 17:28-2's identical predecessor statute, and not under the statute itself ... not exceeding the amount of the policy." Ibid. Stated differently, N.J.S.A. 17:28-2 declares that when the enumerated policy types are implicated, the ... App'x 35, 39 (3d Cir. 2004). The language of N.J.S.A. 17:28-2 restricts its scope to a policy of insurance against ...

docket:	a3530-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-04
status:	unpublished
citation:
Document Size:	40464

3 COMMISSIONER OF INSURANCE OF THE STATE OF NEW JERSEY v. INTEGRITY INSURANCE COMPANY -- rank: 768

... result of Grace's bankruptcy. In that regard, Grace cites N.J.S.A. 17:28-2, which provides: No policy of insurance against loss or damage ...

docket:	a2505-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-11
status:	unpublished
citation:
Document Size:	49525

4 STEVEN D'AGOSTINO v. COLONY INSURANCE COMPANY -- rank: 754

... Plaintiff appeals, arguing he has standing to bring suit under N.J.S.A. 17:28-2, the direct action statute, and as an intended third-party ... the policy proceeds to satisfy the malpractice action judgment' under N.J.S.A. 17:28-2, 'only if coverage is available, only if plaintiff does so ... 10 (2021). But the general rule does not apply here. N.J.S.A. 17:28- 2,4 provides an injured person may maintain an action against ... in the action not exceeding the amount of the policy. [N.J.S.A. 17:28-2.] A-5331-18 10 Co., 209 N.J. Super. 163 ... n.7 (App. Div. 2018) (discussing the likely roots of N.J.S.A. 17:28-2 in early insurance cases requiring an insured to discharge its ... limit of the policy proceeds to satisfy his judgment under N.J.S.A. 17:28-2, 'only if coverage is available, [and] only if plaintiff ...

docket:	a5331-18
court:	NJ Superior Court Appellate Division
decided:	2022-05-17
status:	Unpublished
citation:
Document Size:	26672

5 313 JEFFERSON TRUST, LLC v. MERCER INSURANCE COMPANIES -- rank: 672

... was returned as unsatisfied, this 'trigger[ed] . . . the entitlement under N.J.S.A. 17:28-2'5 for Jefferson Trust to proceed against Mercer, resulting in ... seeking a declaration of their rights under the Mercer 5 N.J.S.A. 17:28-2 provides in relevant part: No policy of insurance against loss ... Tricomitis. Without this, Jefferson Trust lacked standing, did not satisfy N.J.S.A. 17:28- 2, and was barred from litigation by the policy's 'no ...

docket:	a2907-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-08
status:	unpublished
citation:
Document Size:	82908

6 CRYSTAL POINT CONDOMINIUM ASSOCIATION, INC v. KINSALE INSURANCE COMPANY, -- rank: 661

... and indemnification under the policy. The complaint did not reference N.J.S.A. 17:28-2 (the direct action statute), nor whether Nacamuli and Hawke were ... Jersey, a direct action against an insurer is permitted under N.J.S.A. 17:28-2. The statute provides, [n]o policy of insurance against loss ... in the action not exceeding the amount of the policy. [N.J.S.A. 17:28-2.] Plaintiff contends the trial court erred by dismissing its complaint ... which it interprets to mean a lawsuit in Superior Court. N.J.S.A. 17-28:2. Defendant claims there is a statutory basis for its argument ...

docket:	a4621-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-04
status:	Published
citation:
Document Size:	33099

7 LIGIA RIZESCU v. SELECTIVE INSURANCE COMPANY OF AMERICA -- rank: 619

... 3 This language comports with the requirements set forth in N.J.S.A. 17:28- -2, which states in relevant part: No policy of insurance against ...

docket:	a3794-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-16
status:	Unpublished
citation:
Document Size:	29442

8 NORTHFIELD INSURANCE COMPANY v. MT. HAWLEY INSURANCE COMPANY -- rank: 603

... been compelled by legislative mandate for nearly 100 years. See N.J.S.A. 17:28-2 (declaring that no insurance policy 'against loss or damage . . . shall ...

docket:	a1771-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-28
status:	published
citation:	454 N.J.Super. 135 184 A.3d 517
Document Size:	68701

9 FRANK W. MESSINA v. HARLEYSVILLE INSURANCE COMPANY OF NEW JERSEY -- rank: 537

... liable for the amount of the unsatisfied judgment pursuant to N.J.S.A. 17:28-2 1 and seeking, if necessary, to reform the Harleysville policy ... assertion of collateral estoppel. A ffirmed. 1 In pertinent part, N.J.S.A. 17:28-2 requires all automobile insurance policies to include provisions stating: the ...

docket:	a3278-09
court:	superior court appellate division
decided:	2010-12-09
status:	unpublished
citation:
Document Size:	29494

10 PRINCETON INS. CO. VS PRASERT CHUNMUANG, M.D., ET AL -- rank: 391

... not be concluded by the judgment of conviction. By statute, N.J.S.A. 17:28-2, an injured claimant has an interest in a liability policy ...

docket:	a2834-95
court:	njappellate
decided:	1996-07-18
status:	published
citation:	292 N.J.Super. 349
Document Size:	33419

11 NORTHEAST STUCCO SYSTEMS, INC v. THE HARTFORD FIRE INSURANCE COMPANY -- rank: 371

... sure, under certain circumstances, the New Jersey direct action statute, N.J.S.A. 17:28-2, and case law allow a party or its insurer to ...

docket:	a6029-07
court:
decided:	2009-05-01
status:	Unpublished
citation:
Document Size:	40085