Supreme Court of New Jersey

Rsi Bank, a New Jersey Banking Corporation v. the Providence Mutual Fire Insurance Company, Third-Party…

August 7, 2018234 N.J. 459

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded the case, holding that the indemnification provision in a pre‑trial intervention (PTI) agreement was not enforceable in the subsequent civil litigation because it was an open‑ended restitution condition that was not quantified or supported by an ability‑to‑pay hearing, and because such restitution conditions are inadmissible as evidence in later civil actions.