Legal Opinion

Jones v. IDS Prop. Cas. Ins. Co.

California Court of Appeal, 5th District

Decided September 25, 2018No. C084065PublishedCited by 1 opinion

1Opinion of the CourtDuarte, J.

*358*628When a wife sues for loss of consortium after her husband is seriously injured in an automobile accident that is the defendant's fault, is her claim subject to the same per person limit of the defendant's insurance policy as her husband's claim for bodily injury? That is the issue presented in this case. All California cases except one have answered the question in the affirmative, finding the language of the policy was sufficient to aggregate the two claims. Here, the policy language reads: "The bodily injury liability limits for each person is the maximum we will pay as damages for…

2Cases cited22 opinions

  1. Moncharsh v. Heily & BlaseCalifornia Supreme Court · 1992
  2. MacKinnon v. Truck Insurance ExchangeCalifornia Supreme Court · 2003
  3. Rodriguez v. Bethlehem Steel Corp.California Supreme Court · 1974
  4. Producers Dairy Delivery Co. v. Sentry InsuranceCalifornia Supreme Court · 1986
  5. Pfeifer v. John Crane, Inc.California Court of Appeal · 2013

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3Cited by1 opinion

  1. Genesett Corporation v. Sun Life Assurance Company of CanadaDistrict Court, D. Massachusetts · 2025

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