Auto Owners Insurance Co. v. Perry

OPINION

KLAPHAKE, Judge.

Following the death of Daniel Savage in early 2005, appellant Chong Suk Perry sought survivor’s economic loss benefits from Savage’s insurer, respondent Auto Owners Insurance Company. Respondent denied appellant’s request on the basis that she was not a survivor within the meaning of the insurance policy because she was not Savage’s “dependent.” Appellant sought arbitration, which the district court stayed after respondent filed a complaint in district court seeking a declaratory judgment to determine whether appellant qualified as a dependent. The district court…