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Allstate Insurance v. Salem1/10/2005
Date Submitted: November 24, 2004
Dear Counsel
On December 5, 2001, Abraham Sanchez-Caza (hereinafter "Abraham") sustained personal injuries in a tragic automobile accident. The same accident claimed the life of his mother, Nancy Suarez. Abraham, through his father and legal guardian, Rogelio Sanchez, instituted this action against William Lloyd and the Estate of Susan Whetstone, the driver of the other vehicle, who also sustained fatal injuries in the accident. Two interpleader actions were filed by the insurers responsible for providing coverage to the defendants. The issue before this Court involves whether Abraham's claims, one for his personal injuries, and a second for the wrongful death of his mother, are subject to the "per person" liability limitation of William Lloyd's insurance policy with Allstate.
William Lloyd's insurance policy contains limits on the amount of coverage provided for damages arising out of automobile accidents. The policy provides $100,000 maximum coverage "per person" sustaining injuries in an accident, and $300,000 for "per accident." The policy reads that he limits shown on the Policy Declarations are the maximum we will pay for any single accident involving an insured auto. The limit stated for each person for bodily injury is our total limit of liability for all damages because of bodily injury sustained by one person, including all damages sustained by anyone else as a result of that bodily injury. Subject to the limit for each person, the limit stated for each accident is our total limit of liability for all damages for bodily injury.
Abraham's complaint alleges damages for his personal injuries, as well as damages stemming from the wrongful death of his mother.
This motion for partial summary judgment arose to prevent Abraham from claiming damages under both categories. This is the Court's decision on Allstate Insurance Company's Motion for Partial Summary Judgment. For the reasons set forth herein, the Motion is DENIED.
According to Superior Court Civil Rule 56(c) summary judgment should be granted "if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." The Court must view the record in light most favorable to the non-moving party, and if it finds that there are no material issues of fact therein, it may grant a motion for summary judgment. The burden is first on the moving party to show that there are no material issues of fact, but the burden then shifts to the non-moving party to demonstrate what material issues of fact remain.
The Delaware Code permits the spouse, parent, child and siblings of a deceased person to bring an action for a wrongful death resulting from "an act, neglect or default including a felonious act which would have entitled the party injured to maintain an action and recover damages if death had not ensued." A wrongful death action was created to benefit family members for the damages they sustained as a result of a decedent's death. It is a derivative claim, which permits certain family members to recover separate damages upon proof of their personal loss. However, a wrongful death claim yields only one cause of action with respect to the death of a single person, regardless of the number of those claiming damages.
The Code also permits actions for the recovery of compensatory damages arising from personal injuries received as a result of another's negligence. There is no statutory indication that an action for physical injuries or wrongful death limi
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