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JANICKY v. POINT BAY FUEL, INC.

DOCKET NO. A-0867-08T3.

981 A.2d 96 (2009)

410 N.J. Super. 203

Thomas and Karen JANICKY, Plaintiffs-Respondents, v. POINT BAY FUEL, INC. and USF Insurance Company, Defendants, and The Powderhorn Agency, Inc., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 20, 2009.

Attorney(s) appearing for the Case

M. Paige Berry, Princeton, argued the cause for appellant (Saul Ewing, attorneys; Ms. Berry, of counsel and on the briefs).

Marc L. Dembling, Edison, argued the cause for respondents (Methfessel & Werbel, attorneys; Mr. Dembling and Allison M. Koenke, on the brief).

Maeve E. Cannon, Princeton, argued the cause for amicus curiae Fuel Merchants Association of New Jersey (Hill Wallack, attorneys; Ms. Cannon, of counsel and on the brief).

Vicki A. Mangiaracina, Deputy Attorney General, argued the cause for amicus curiae Commissioner of Banking and Insurance (Anne Milgram, Attorney General, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel; Paul G. Witko, Deputy Attorney General, on the brief).

Before Judges SKILLMAN, FUENTES and SIMONELLI.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

This case is before us for the second time.

Defendant Powderhorn Agency is the promoter and administrator of a fuel oil service protection program called a "ProGuard Accidental Release Protection Certificate," which entitles purchasers to reimbursement for the costs of cleaning up oil accidentally released from their fuel oil systems and repairing or replacing those systems. ProGuard Certificates...

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