Allstate Insurance Company v. John Tozer, Georgette Tozer, Lindsay Tozer

FLAUM, Chief Judge.

This is a declaratory judgment action brought by Plaintiff-appellant Allstate Insurance Company (“Allstate”). Allstate seeks a declaration that the claims of Kristina and Nicholas Keltner for negligent infliction of emotional distress caused by witnessing their brother’s death are subject to the same limit of liability applicable to the brother’s injuries. The district court granted summary judgment in favor of the insureds, and Allstate appealed. For the reasons stated herein, we reverse.

I. Background

On January 3, 2001, Lindsay Tozer was driving her parents’ car when the…