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ZOLLER v. TRANSAMERICA INS. CO.

215 N.J. Super. 552 (1987)

522 A.2d 479

ERWIN H. ZOLLER, PLAINTIFF-APPELLANT, v. TRANSAMERICA INSURANCE COMPANY, DEFENDANT-RESPONDENT, AND THE ADLER AGENCY, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided March 9, 1987.

Attorney(s) appearing for the Case

Richard H. Thiele argued the cause for appellant (Thiele & Hermes, attorneys; Richard H. Thiele on the brief and reply brief).

Joseph E. Kelley argued the cause for respondent (Haggerty & Donohue, attorneys, Robert J. Reilly, III on the brief).

Before Judges KING, DEIGHAN and HAVEY.

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

The sole issue raised by this appeal is whether an insured is entitled to recover income continuation benefits under his no-fault automobile insurance policy and N.J.S.A. 39:6A-4b when an automobile-related injury, combined with the availability of early retirement benefits, motivates him to retire, resulting in a loss of income. We conclude that an insured is not entitled to benefits unless there is objective...

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