Farm Bureau Mutual Insurance v. Eisenman

J. JONES, J.,

specially concurring.

I concur in the Court’s opinion, including the conclusion that neither the Estate nor the Heirs can recover underinsured motorist benefits under the Policy based on a wrongful death claim. That does not mean, however, that a personal representative, acting on behalf of an insured decedent’s estate, may not recover benefits contractually available under an insurance policy like that involved here.

Coverage P-1 of the Policy, the underinsured motorist provision, states: •

We will pay damages which an insured is legally entitled to recover from the owner or…