Weilbacher

Weilbacher v. Progressive Northwestern Insurance

Good Law
343 F. App'x 241
United States Court of Appeals for the Ninth CircuitAugust 21, 2009No. 08-35347California293 words

Opinion

Lead Opinion

MEMORANDUM * AND ORDER

Ronald V. Weilbacher alleges that the district court erred in holding he could not recover additional money for his loss of consortium and society claims under his insurance policy with the Defendant. The policy states that a maximum of $100,000 will be reimbursed “for all damages due to a bodily injury to one (1) person.” “The bodily injury Limit of Liability ... for ‘each person’ includes the total of all claims made for such bodily injury and all claims derived from such bodily injury, including ... loss of society ... [and] loss of consortium.... ”

Weilbacher’s pain and damages derived from the bodily injury that caused his daughter’s death; he did not experience a unique bodily injury. See State Farm Mut. Auto. Ins. Co. v. Dowdy, 192 P.3d 994, 998 (Alaska 2008). The insurance company paid his daughter’s estate the full $100,000 for her bodily injury and death. Under the policy’s “each person” limit, he can recover no more.

Weilbacher next alleges that the “each person” limit in the policy is so vague and ambiguous that it violates state public policy. We interpret insurance contracts by looking to “1) the language of the disputed policy provisions;…

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