Estate of Genrich v. OHIC Ins. Co.

¶ 50. (concurring in part and dissenting in part). Is death a condition precedent to a wrongful death claim? It seems pretty obvious that the answer should be "yes."

¶ 51. Yet, the majority answers this question "no." Acknowledging some displeasure with its own response, the majority attempts to blame the legislature for the majority's interpretation. See majority op., ¶ 46, ¶ 47 n.ll. The legislature could not have intended such a result.

¶ 52. I instead conclude that a wrongful death claim accrues upon death — not before death — and therefore join Justice Crooks in dissenting. As he aptly…