Aig Aviation, Inc. v. Estate of Adsuna

MEMORANDUM *

This is a declaratory action by an insurance policy administrator to determine whether a parent’s claim for loss of society of a minor child is subject to the insurance policy’s per passenger limit. The district court, applying Alaska law, held that the per passenger limit applies to the parent’s claim, and we affirm.

The insurer’s liability was limited as follows:

The declaration page provided for an “each occurrence” limit of $5,000,000 and limited passenger liability internally to $300,000 per passenger.

The policy language clearly includes claims for loss of society and services within the $300,000 cap on all damages caused by bodily injury to a passenger.

The appellant nevertheless contends that there is a difference between claims for loss of services and consortium as described in the policy and claims for loss of society of a child. Adsuna argues that, because the policy only refers specifically to “damages for care and loss of services,” the per passenger limit does not apply to his claims for loss of society of a minor child, which in Alaska is a cause of action arising under a different statute than the one that allows spouses and dependents to recover…