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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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