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SYNNEX CORP. v. ADT SECURITY SERV. INC.

928 A.2d 37 (2007)

394 N.J. Super. 577

SYNNEX CORPORATION, as Successor in Interest to Synnex Information Technologies, Inc., Plaintiff-Respondent/Cross-Appellant, v. ADT SECURITY SERVICES, INC., ADT Operations, Inc., ADT Holdings, Inc., and ADT, Defendants-Appellants/Cross-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 13, 2007.

Attorney(s) appearing for the Case

Timothy I. Duffy, Morristown, argued the cause for appellants/cross-respondents (Coughlin Duffy, attorneys; Mr. Duffy, of counsel and on the brief; Neil M. Day, on the brief).

Keith E. Whitson, Pittsburgh, PA, of the Pennsylvania Bar, admitted pro hac vice, argued the cause for respondent/cross-appellant (Schnader Harrison Segal & Lewis, attorneys; Harris Neal Feldman and Mr. Whitson, on the brief).

Before Judges SKILLMAN, LISA and GRALL.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The primary question presented by this appeal is whether an exculpatory clause in a contract for the sale of a burglar alarm system, which requires the buyer to rely solely on its own insurance for any loss from theft, is contrary to public policy and therefore unenforceable in light of a statute that subjects sellers of alarm systems to licensing and regulatory...

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