Janicky v. Point Bay Fuel Inc., A-0867-08T3; opinion by Skillman, P.J.A.D.; decided and approved for publication October 20, 2009. Before Judges Skillman, Fuentes and Simonelli. On appeal from the Law Division, Ocean County, L-3278-04. DDS No. 07-2-5599 [7 pp.]

Defendant Powderhorn Agency is the promoter and administrator of a fuel oil service protection program called a “ProGuard Accidental Release Protection Certificate,” which entitles purchasers to reimbursement for the costs of cleaning up oil accidentally released from their fuel oil systems and repairing or replacing those systems. ProGuard certificates are sold by fuel oil dealers to owners of fuel oil systems.