Bass v. Horizon Assurance Co.

WALSH, Justice:

This is an appeal by Charles Bass and Gail Bass from a decision of the Superior Court which invalidated a coverage exclusion for an insured convicted of operating a motor vehicle while under the influence of alcohol (“DUI exclusion”) but permitted the exclusion to limit coverage to the statutorily minimum mandated amount of personal injury protection (“PIP”). The Basses argue that if the DUI exclusion is invalid it must be considered so for all purposes and the court may not “reform” the insurance contract to limit coverage to less than the policy amount.

The insurer, Horizon…