Fireman's Fund Insurance v. Lopez

The opinion of the Court was delivered by

ZAZZALI, J.

In this case, the administrator of an estate misappropriated the estate’s funds. We must decide whether the estate can recover counsel fees incurred in the proceeding to recover the misappropriated amounts from the surety on the bond, or whether the estate is responsible for those fees. We also must determine the appropriate interest rate on the surcharged amount and the date on which the interest should commence.

The Appellate Division found that the surety was not liable for attorneys’ fees on the bond. In re Estate of Lash, 329 N.J.Super.…