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Each Person Limit Applies To Survivors' Claims

Nationwide Mut. Ins. Co. v. Moya, 108 Nev. 578, 583-85 (Nev. 1992):

The word "sickness," as referred to in the definition of "bodily injury" under Nationwide's policy, means the sickness or disease contracted by the insured injured in the accident, Skroh v. Travelers Ins. Co., 227 So.2d 328, 330 (Fla.Dist.Ct.App. 1969), not the "grief and sorrow" of a survivor. Thus, courts generally do not construe "sickness" as including the survivor's wrongful death claims. See, e.g., Valdez v. Interinsurance Exch. of Auto. Club of So. Cal., 54 Cal.Rptr. 906, 908-10 (Ct.App. 1966) (in wrongful death case, survivor's claim did not fall within policy definition of "bodily injury" even though such definition included the term "sickness or disease"). Because we are unable to construe the [survivor's] wrongful death claims as falling within the term "sickness," they did not suffer a "bodily injury." Therefore, the [survivors] cannot prevail on this argument . . .

We agree with the majority view, that is, where one person is injured in the accident, the each person limit applies, regardless of the number of persons damaged as a result of the accident. We conclude that the "each person" limit applies to the [survivor's] claims. The [survivors] did not suffer bodily injuries in the accident; their claims arose as a result of the injuries [the wrongful death victim] suffered in the accident (which eventually caused her death). The policy limited Nationwide's liability to the "each person" limit if only one person sustained bodily injuries in the accident but raised Nationwide's limitation to the "each occurrence" when two or more persons suffered bodily injuries in the accident.

*** Any law, statute, regulation or other precedent is subject to change at any time ***

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