In Re the Liquidation of Integrity Insurance

SHEBELL, P.J.A.D.

(Temporarily Assigned), concurring.

I join in the opinion of the court insofar as it would allow recovery on the surety bonds beyond that permitted by the trial judge, who adopted the special master’s recommendation that the lender’s claims for post-termination defaults be barred. I also agree that the return of unearned premiums is not required in these circumstances.2

I, nonetheless, write to express my accord with the determination of the Appellate Division that “[t]he clear language of the Bonds indicates that Integrity was liable at the time of execution and delivery for…