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No Damages for Spousal Dysfunctions

OK, I'll bite. As I'm reading slip opinions this morning, I run across this teaser: "Coverage under 'bodily injury' clause of defendant's insurance policy does not include nonphysical, or mental harm."

Huh? Now were splitting hairs (pardon the pun) between body, mind and soul. Is there coverage if your soul is harmed?

Essentially, the case turns on a different issue - the per accident limit of uninsured motorist coverage.

But the interesting aspect of the case is a loss of consortium claim, and whether that claim amounts to a physical injury. In other words, does the spouse who suffered the loss of consortium (i.e. the one not receiving the "spousal functions" according to the Court) have a claim against the insurance policy.

Some courts say yes - here the California Supreme Court, but this lower court put a different spin on it and said no. This Court rejected the belief that a lack of spousal functions causes a separate physical injury.

I feel the pain.

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Monday, March 22, 2004 at 12:54 Comments Closed (1) |
 
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