CAPELLI v. TWIN CITY FIRE INS. CO.


209 N.J. Super. 552 (1986)

508 A.2d 269

ARLENE CAPELLI, INDIVIDUALLY AND AS ADMINISTRATRIX, PLAINTIFF-RESPONDENT, v. TWIN CITY FIRE INSURANCE CO., AND/OR THE HARTFORD INSURANCE COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 1, 1986.


Attorney(s) appearing for the Case

Eugene M. Purcell argued the cause for appellant (Purcell, Ries, Shannon & Mulcahy, attorneys).

Nelson C. Johnson argued the cause for respondent (Bertman, Johnson & Sahli, P.C., attorneys).

Before Judges FRITZ, GAYNOR and BAIME.


The opinion of the court was delivered by GAYNOR, J.A.D.

In this declaratory judgment action, defendant appeals from an order granting summary judgment in favor of plaintiff on her claim for the maximum additional personal injury protection benefits payable under a policy issued by defendant to plaintiff's decedent. It is defendant's contention that the trial court erred in not limiting recovery of the income continuation and essential service benefits to the lifetime...

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