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Desjarlais v. USAA Insurance Co.6/9/2003
hat any circumstances existed that prohibited her children's derivative claims from being joined with Desjarlais's initial tort claim or with his UIM claim. The mere fact that the limits of the tortfeasor's liability policy may have been insufficient to fully cover the alleged damages of all claimants does not excuse the failure of the deprived parties to join their derivative claims with the claims of the impaired party. As a result, the plaintiff's derivative claims on behalf of her children for their loss of society and companionship are also barred against this defendant.
Conclusion
For these reasons, we deny the plaintiff's appeal and affirm the Superior Court judgment.
Justice Flaherty did not participate.
Flaherty, J. Not Participating
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