Capelli v. Twin City Fire Ins. Co

In Capelli v. Twin City Fire Ins. Co., 209 N.J. Super. 552, 508 A.2d 269 (App.Div.1986), an amendment to N.J.S.A. 39:6A-10 provided that income continuation and essential services benefits under the No-Fault Act "shall cease upon the death of the claimant, and shall not operate to increase the amount of any death benefits payable under Section 4 . . .". However, the no-fault insurance carrier did not revise the provisions of the policy it issued to plaintiff's decedent to reflect the above limitations or restrictions of the statutory amendment. The court held that the carrier was bound by the terms of its insurance policy contract to pay the maximum income and essential services benefits specified in the policy, and thus could not limit recovery of those benefits to the lifetime of plaintiff's decedent, even though the coverage provided by its insurance policy was more extensive than that required by the amendment to N.J.S.A. 39:6A-10.