Legal Opinion

State Farm Mutual Automobile Insurance Co. v. Dowdy

Alaska Supreme Court

Decided September 26, 2008No. S-12687, S-12698PublishedCited by 25 opinions

1Opinion of the Court

OPINION

MATTHEWS, Justice.

Additional per-person limits in an un-derinsured motorist policy are available to persons who are injured "in the same accident" as another person. The question in this case is whether this language encompasses parents who suffered severe emotional distress-including physical manifestations-upon viewing their daughter's body in the hospital after an automobile accident. We hold that it does not because "injury in the same accident" cannot be reasonably construed to refer to injuries that result from viewing a dead or injured person away from an accident scene.

FACTS 1

As…

2Cases cited18 opinions

  1. Lejeune v. Rayne Branch Hosp.Supreme Court of Louisiana · 1990
  2. Beck v. State, Department of Transportation & Public FacilitiesAlaska Supreme Court · 1992
  3. Tommy's Elbow Room, Inc. v. KavorkianAlaska Supreme Court · 1986
  4. Mattingly v. Sheldon Jackson CollegeAlaska Supreme Court · 1987
  5. Employers Casualty Insurance v. FoustCalifornia Court of Appeal · 1972

13 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. McDonnell v. State Farm Mutual Automobile Insurance CompanyAlaska Supreme Court · 2013
  2. State Farm Mutual Automobile Insurance Co. v. HouleAlaska Supreme Court · 2011
  3. Hahn v. GEICO Choice Insurance CompanyAlaska Supreme Court · 2018
  4. United Services Automobile Association v. NearyAlaska Supreme Court · 2013
  5. Kathleen M. Downing v. Country Life Insurance CompanyAlaska Supreme Court · 2020

20 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API