Search Rutgers Law Library N.J. Court Opinions

1 KAREN SMITH, Individually et al. v. FIREWORKS BY GIRONE, INC., and LEXINGTON INSURANCE COMPANY -- rank: 1000

... three against Lexington for strict liability as surety, pursuant to N.J.S.A. 21:3-5, for personal injuries arising out of the fireworks display. Deptford ... s liability arose from its role as a surety under N.J.S.A. 21:3-5. The motion was granted. Thereafter, Deptford moved for summary judgment ... policy acted as a surety bond for the Township under N.J.S.A. 21:3-5. Plaintiff opposed the motion, and the judge reserved decision until ... obligation to provide a surety bond to Deptford pursuant to N.J.S.A. 21:3-5. Oral argument on Harleysville's motion was heard by the ... its cross-claim against Lexington for coverage. Harleysville argued that N.J.S.A. 21:3-5, as interpreted in Cruz-Mendez v. ISU/Ins urance Serv ... Girone in lieu of a bond satisfied the requirements of N.J.S.A. 21:3-5 and did not affect the coverage owed to Girone ...

docket:	a3312-01
court:	njappellate
decided:	2005-09-21
status:	published
citation:	380 N.J. Super. 273
Document Size:	138840

2 Cruz-Mendez v. ISU/Insurance Services of San Francisco -- rank: 954

... s insurers based on an insurance policy issued pursuant to N.J.S.A. 21:3-5. Other issues include whether Cruz-Mendez must prove that the ... of N.J.S.A. 21:3-3 and -5. N.J.S.A. 21:3-5 provides that municipalities require a surety bond, which may be ... Division granted Cruz-Mendez's motion for summary judgment, interpreting N.J.S.A. 21:3-5 to require the posting of surety to provide absolute protection ... Court granted the Insurers' petition for certification. HELD:     Pursuant to N.J.S.A. 21:3-5, Hector Cruz-Mendez may maintain a direct cause of action ... sue insurers. Pursuant to McBride v. Maryland Casualty Co. , however, N.J.S.A. 21:3-5 and its predecessor have been interpreted to authorize an injured ... In an action on a surety contract issued to satisfy N.J.S.A. 21:3-5, the injured party must prove that the fireworks display ...

docket:	a-145-97
court:	njsupreme
decided:	1999-01-13
status:
citation:	156 N.J. 556
Document Size:	55322