Ball

On January 12, 1978, a pedestrian, Jacob Zodieru, was struck by a vehicle driven by appellant Amanda Ball. Ruth Zodieru, Jacob’s wife, was not present at the scene of the accident nor did she suffer any physical injuries as a direct result of it.

At the time of the incident, Amanda was insured by virtue of a policy of insurance issued by respondent State Farm Mutual Automobile Insurance Company. The policy limits applicable to bodily injury coverage were specified in the agreement to be $50,000 each person, $100,000 each occurrence.

Jacob and Ruth Zodieru thereafter filed suit against Amanda; Jacob for bodily injuries and resulting special damages, Ruth for loss of her husband’s consortium.

On September 28, 1979, State Farm filed its complaint for declaratory relief, wherein it sought a determination of the amount of coverage available to Amanda respecting Ruth’s claim, its own position being that such coverage should not exceed the $50,000 “each person” limit.

The trial court, on State Farm’s motion for summary judgment, so decided. This appeal followed. We affirm.

A review of the pertinent provisions of the insurance policy in question provides the framework for…