Abellon

Jeanne Claire B. Abellon (Jeanne) appeals a partial summary judgment in favor of Hartford Insurance Company (Hartford), *24 declaring that under a policy issued by Hartford the total policy limit applicable to the claims of Jeanne and her husband Carlos is the “per person” limit of $250,000.

The fundamental issue posed in this appeal is whether a spouse’s claim for loss of consortium is subject to a “per person” liability limitation or a “per occurrence” limitation under a general liability insurance policy.

Facts

On February 19, 1980, a driver of a tractor-trailer owned by Ron’s Delivery Service collided with Carlos’ car. As a result of the accident, Carlos lost sight in one eye and suffered severe brain damage. Jeanne suffered the loss of her husband’s consortium.

Ron’s Delivery Service was insured under a truck liability policy issued by Hartford. Carlos brought suit against Ron’s Delivery Service for the personal injuries he sustained. Jeanne sought damages for loss of services and loss of consortium. A stipulated judgment between the Abellons and Ron’s Delivery Service was entered in favor of Carlos in the amount of $750,000 and in favor of Jeanne in the amount…

I respectfully dissent.

Ron’s Delivery Service bought a policy from Hartford Insurance Company which provided, in part:

Ron’s Delivery Service negligently caused one accident. That accident caused only one person, Mr. Abellon, bodily injuries. As a result of the bodily injuries to Mr. Abellon, Mrs. Abellon, who was not present at the accident, suffered a loss of consortium. The issue here is not whether Mrs. Abellon has suffered a compensable loss, nor whether she had her own claim against Ron’s Delivery Service, nor whether her loss was foreseeable, nor whether Ron’s should compensate her. Neither is the issue here whether loss of consortium is the type of loss covered by the policy. It is covered, and Hartford does not contend otherwise. The issue here is rather how much insurance coverage Ron’s bought to cover all the claims of Mr. and Mrs. Abellon.

The coverage provisions in the policy Ron’s bought from Hartford are not written in legalese or insurance company doubletalk. They are written in the plainest English possible.

There is no doubt or ambiguity about what the policy says. It says the most Hartford will pay for all damages resulting from bodily injury to any one…

Jeanne Claire B. Abellon (Jeanne) appeals a partial summary judgment in favor of Hartford Insurance Company (Hartford), declaring that under a policy issued by Hartford the total policy limit applicable to the claims of Jeanne and her husband Carlos is the "per person" limit of $250,000.

The fundamental issue posed in this appeal is whether a spouse's claim for loss of consortium is subject to a "per person" liability limitation or a "per occurrence" limitation under a general liability insurance policy.

On February 19, 1980, a driver of a tractor-trailer owned by Ron's Delivery Service collided with Carlos' car. As a result of the accident, Carlos lost sight in one eye and suffered severe brain damage. Jeanne suffered the loss of her husband's consortium.

Ron's Delivery Service was insured under a truck liability policy issued by Hartford. Carlos brought suit against Ron's Delivery Service for the personal injuries he sustained. Jeanne sought damages for loss of services and loss of consortium. A stipulated judgment between the Abellons and Ron's Delivery Service was entered in favor of Carlos in the amount of $750,000 and in favor of Jeanne in the…