Smith v. Moustiatse

BARISO, J.S.C.

The issue in this ease, whether a tortfeasor is responsible for prejudgment interest on the part of any judgment in excess of the $300,000 limit on the Guaranty Association’s liability, presents a matter of first impression. Although the recent decision of Johnson v. Braddy, 376 N.J.Super. 215, 869 A.2d 964 (App.Div.2005), aff'd 186 N.J. 40, 890 A.2d 944 (2006), which held the tortfeasor responsible for any judgment in excess of the Guaranty Association’s limits, addressed this issue in a footnote on page 221, 869 A.2d 964, the court expressed no view on the resolution.

This…