Auto Club Ins. Ass'n v. DeLaGarza

We granted leave to consider whether, under the terms of the automobile insurance policy issued by plaintiff, the defendant insured is entitled to recover uninsured motorist benefits for the death of her spouse. To the extent that the defendant is entitled to recover for bodily injury to her spouse from the driver of the uninsured motor vehicle under the wrongful death act,1 we agree with the Court of Appeals that she is entitled to benefits under the terms of the uninsured motorist portion of the insurance contract.

i

The dispute between these parties arises from an automobile accident which…