Hector Cruz-Mendez, Plaintiff-Respondent v. isu/insurance Services of San Francisco and Fireworks by Girone, Inc…

Summary

The Supreme Court of New Jersey held that the plaintiff may bring a direct strict‑liability action against the insurers under the policy because the policy satisfies the statutory surety requirement, but the plaintiff must prove that the fireworks display was the proximate cause of his injury and the insurers may assert the plaintiff’s comparative negligence as an affirmative defense. The case was remanded for further fact‑finding on causation and comparative negligence.