Krause v. Home Mutual Insurance

The issue to be determined is whether the plaintiffs have a cause of action for the wrongful death of their mother against the estate of their father under the allegations of the complaint. If they do, the complaint states a cause of action against the father’s insurance company.

The company contends that since the father was negligent he, as the surviving spouse, could have no cause of action against himself. It is further contended that while he may have committed a tort against his wife he neither breached nor had any duty to any of the deferred beneficiaries under the provisions of sec.…