 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Campbell v. Allstate Insurance Company5/19/2000
Rendered on the 19 th day of May, 2000.
Sean Campbell appeals from a summary judgment for Victoria Insurance Group ("Victoria") on Campbell's complaint for declaratory judgment. Campbell had asked the trial court to declare that Victoria, his insurer, is obligated to provide uninsured motorist coverage for his loss of consortium claim.
Kara Campbell, Sean Campbell's spouse, suffered bodily injuries in a motor vehicle accident on March 1, 1997. The tortfeasor owned a policy of automobile liability insurance issued by Allstate Insurance Company. ("Allstate"). The policy provided liability coverage of $12,500 per person up to a maximum of $25,000 per occurrence.
Kara Campbell sought and was paid $12,500 from Allstate on her claim for bodily injuries. Allstate declined to pay Sean Campbell's claim for his loss of the consortium that resulted from his wife's bodily injuries. Allstate relied on a provision in its policy which limits "the maximum we will pay for damages because of bodily injury sustained by one person in any single accident involving an insured auto, including damages sustained by anyone else as a result of bodily injury" to its policy's per person limit. Allstate had paid that limit to Kara Campbell.
Sean Campbell next made a demand of his own insurer, Victoria, to pay his loss of consortium claim out of his policy's uninsured motorist coverage. Like the Allstate policy, the Campbells' Victoria policy provided coverage in the amount of $12,500 per person and $25,000 per occurrence.
The Campbells' Victoria policy classified loss of consortium claims as "derivative," and it provided the following with respect to uninsured/underinsured motorist coverage:
The limit of liability shown in the DECLARATION PAGE applies as follows:
1. The limit for "each person" is the maximum amount WE will pay for damages for BODILY INJURY to one person in one ACCIDENT, including all resulting DERIVATIVE DAMAGES. Without limiting the generality of the foregoing, all claims resulting from or arising out of any one person's BODILY INJURY, including death, shall collectively be subject to the limit of the policy applicable to BODILY INJURY, including death, sustained by one person, and for the purpose of such POLICY LIMIT shall constitute a single claim. Any such POLICY LIMIT shall be enforceable regardless of the number of INSUREDS, claims made, CARS or premiums shown in the DECLARATION PAGE or policy, or CARS involved in the ACCIDENT.
2. The limit for "each ACCIDENT" is the maximum amount WE will pay for damages for BODILY INJURY and DERIVATIVE DAMAGES resulting from one ACCIDENT, but WE will not pay more than the "each person" limit for BODILY INJURY to any one person and all resulting DERIVATIVE DAMAGES.
3. There will be no combining or stacking of the limit(s) of liability shown on the DECLARATION PAGE and these limit(s) are the maximum amount available for all damages for BODILY INJURY and resulting DERIVATIVE DAMAGES from any one ACCIDENT regardless of the number of:
a) INSUREDS or INSURED CARS,
b) claims made or lawsuits filed,
c) separate premiums charged for different INSURED CARS, or
d) INSURED CARS involved in the ACCIDENT.
4. Any amounts payable will be reduced by:
a) a payment made by the owner or operator of the UNINSURED/UNDERINSURED CAR or organization which may be legally liable,
b) a payment for the same element of LOSS made under any other coverages of this policy,
c) a payment made or amount payable because of the BODILY INJURY under any disability benefits law or
Page 1 2 3 4 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|