Allstate Insurance Company, a Corporation v. Charles Fibus, David Foran and Celeste Foran

Charles Fibus, David Foran, and Celeste Foran appeal from the district court’s grant of summary judgment to Allstate Insurance Company. We reverse the summary judgment and remand for factual findings.

BACKGROUND

On November 3, 1985, an automobile driven by Charles Fibus collided with a motorcycle driven by David Foran. Foran was severely injured. At the time of the accident, Fibus’s insurance policy with Allstate limited Allstate’s liability for bodily injury to $100,000 per person and $300,000 per occurrence. Allstate paid Foran $100,-000 for his injuries, but would not pay Celeste Foran’s claim for loss of consortium. Allstate relied on the following language in the policy:

The Forans and Fibus concede that Allstate would have no liability on the consortium claim if the language of the policy applied. They contend, however, that the language was rendered inoperative under the following theory: (1) Fibus’s original policy provided separate coverage for Celeste Foran’s consortium claim; (2) before the accident, Allstate amended the policy so that a consortium claim would be aggregated with the underlying bodily injury claim for purposes of the $100,000 per person limitation;…