Lilly

This declaratory relief action, brought by United Services Automobile Association (USAA) against the heirs of Anita Lilly (heirs), tenders the question whether the “each person” or the “each accident” provision of a USAA policy of automobile liability insurance limits its liability for damages for which its insured may become legally responsible in the wrongful death action brought by the heirs. The trial court entered judgment that recovery is limited to $100,000 by the “each person” provision. The heirs appeal, claiming that the $300,000 “each accident” clause provides the correct limit.

We will affirm the judgment. In the published portion of this opinion we read the policy as covering damages for a wrongful death, resulting from an automobile accident, for which USAA’s insured is legally responsible. Since damages for such a death are not measured by bodily injury to the heirs but by the economic consequences of the fatal bodily injury to their relative we conclude that USAA’s liability is governed by the “each person” clause which limits “damages for bodily injury sustained by any one person in any one auto accident” to $100,000.

Facts

The facts are few and…