Estate of Berkemeir ex rel. Nielsen v. Hartford Insurance Co. of the Midwest

PARRISH, Justice:

{1 In this case, we are asked to address the scope of section 78-11-12 of the Utah Code (the "Survival Statute"). Under certain circumstances, the Survival Statute limits the damages recoverable in personal injury actions. We must determine whether the *701Survival Statute applies to a claim for under-insured motorist benefits brought pursuant to an insurance policy. The court of appeals held that it did not, reasoning that the Survival Statute applies only to actions in tort. We affirm, holding that the Survival Statute is inapplicable to causes of action arising out of an…