BOARD OF TRUSTEES OF OPERATING ENGINEERS LOCAL 825 FUND SERVICE FACILITIES, PLAINTIFF-APPELLANT,
v.
FIRST INDEMNITY OF AMERICA INSURANCE COMPANY, DEFENDANT-RESPONDENT, AND L.B.S. CONSTRUCTION CO., INC., DEFENDANTS. BOARD OF TRUSTEES OF OPERATING ENGINEERS LOCAL 825 FUND SERVICE FACILITIES, PLAINTIFF-APPELLANT,
v.
INTERNATIONAL FIDELITY INSURANCE COMPANY, A CORPORATION, DEFENDANT-RESPONDENT.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued January 23, 1996.
Decided February 20, 1996.
Attorney(s) appearing for the Case
Albert G. Kroll argued the cause for appellant Board of Trustees of Operating Engineers Local 825 Fund Service Facilities (A368-94T2) (Kroll & Gaechter, attorneys; Mr. Kroll, on the brief).
Joseph C. Glavin, Jr. argued the cause for respondent First Indemnity of America Insurance Company (Mr. Glavin and Laurie Rush-Masuret, on the brief).
James R. Zazzali, amicus curiae argued the cause for New Jersey State Carpenter Benefit Funds, Carpenters Local # 6 Benefit Funds, the Laborers Local Nos. 472 and 172 Welfare and Pension Funds, The Teamsters Local 408 Welfare and Pension Funds, and the Laborers Local Nos. 72, 156, 569 and 711 Welfare and Pension Funds (Zazzali, Zazzali, Fagella & Nowak, attorneys; Mr. Zazzali and Kenneth I. Nowak, of counsel and on the brief and Edward H. O'Hare, on the brief).
N. Janine Dickey argued the cause for Board of Trustees of Operating Engineers Local 825 Fund Service Facilities (A-5077-94T5) (Ms. Dickey, on the brief).
Thomas J. Demski argued the cause for respondent International Fidelity Insurance Company (Sills, Cummis, Zuckerman, Radin, Tischman, Epstein & Gross, attorneys; Mr. Demski, of counsel, Mark E. Duckstein, of counsel and on the brief).
Before Judges DREIER, ARNOLD M. STEIN and CUFF.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by DREIER, P.J.A.D.
Plaintiff appeals from summary judgments in two cases that we consolidate for the purpose of this opinion.
The cases before us present a novel issue for the New Jersey courts: whether the preemption clauses of the Employment Retirement Income Security Act (ERISA), 29 U.S.C.A. §§ 1001-1461 foreclose a Law Division action to recover unpaid pension benefits through surety bonds issued...
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