Dauzat v. Great American Indemnity Co.

The writer respectfully dissents from the majority’s holding insofar as the decedent’s only child was not permitted to recover the full amount incurred by her for the decedent’s funeral expenses. The majority of this panel, in refusing to allow the decedent’s child to recover this full amount, improperly (in my opinion) allowed the tortfeasor and his insurer credit for the amount of funeral expenses paid under a separate coverage provided by the “medical payments clause” of the policy, in which the insurer obligates itself contractually to pay reasonable medical or funeral expenses “to or for…