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CRYSTAL POINT v. KINSALE INS.

A-76 September Term 2020 085606.

277 A.3d 1059 (2022)

251 N.J. 437

CRYSTAL POINT CONDOMINIUM ASSOCIATION, INC., Plaintiff-Respondent, v. KINSALE INSURANCE COMPANY, Defendant-Appellant.

Supreme Court of New Jersey.

Decided July 18, 2022.

Attorney(s) appearing for the Case

Sean P. Mahoney argued the cause for appellant (Kennedys CMK, attorneys; Sean P. Mahoney , of counsel and on the briefs, and Michael E. DiFebbo , on the briefs).

John Randy Sawyer argued the cause for respondent (Stark & Stark, attorneys; John Randy Sawyer , Lawrenceville, of counsel and on the brief).

Kayla Elizabeth Rowe argued the cause for amici curiae the Insurance Council of New Jersey and the New Jersey Civil Justice Institute (Rowe Law, attorneys; Kayla Elizabeth Rowe , of counsel and on the brief).

The Direct Action Statute authorizes an injured claimant holding an unsatisfied judgment against an insolvent or bankrupt policyholder to file a direct action against an insurer in certain settings. N.J.S.A. 17:28-2. That action must proceed "under the terms of the policy for the amount of the...

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