7.17 Wrongful Death Claims

• Jurisdiction: Arizona

In 1998 the Arizona legislature enacted A.R.S. Sec. 20-259.03. This statute provides:

Notwithstanding any other law, in the case of the death of an insured who is covered under the uninsured and underinsured motorist coverages of a motor vehicle liability policy, recovery for wrongful death is limited to any party who is qualified to bring a wrongful death action pursuant to Sec. 12-612 and who is also a surviving insured under the same coverages of the policy. If there are no surviving insureds who qualify to bring a wrongful death action pursuant to Sec. 12-612, the estate of the deceased insured maintains the right of recovery against the uninsured and underinsured motorist coverages of the motor vehicle policy.

In enacting the statute, the Arizona State Senate noted: "This added provision [A.R.S. Sec. 20-259.03] limits a wrongful death recovery under an uninsured or underinsured motorist policy only to the named insured under the policy or, in the event that there are no surviving named insureds, to the estate of the deceased insured."^[223]

Where a wrongful death claim is involved, the insureds qualifying to receive benefits under A.R.S. Sec. 20-259.03 will share the "per person" limits when a split limit policy is involved.^[224]

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Notes:

[223]Senate Fact Sheet for HB2313, 43rd Legis. 2nd Reg. Sess. (Ariz. 1998) (emphasis added). The legislature's enactment of A.R.S. Sec. 20-259.03, as interpreted by the Arizona legislature deviates from prior Arizona case law. See, e.g., Williams v. Williams, 23 Ariz. App. 191, 531 P.2d 924 (1975).

In Williams, the court found that the natural children of the decedent qualified as statutory beneficiaries under Arizona's wrongful death statute, A.R.S. Sec. 12-612, and were entitled to participate and recover under the policy's uninsured motorist coverage. As to the facts of that case, the Williamsboys were the sons of Joyce Williams, with whom they lived and the decedent Jack Tony Williams, Sr., by a marriage that was terminated previously through divorce. Carol Williams was the second wife, and then the widow of the decedent, Jack Williams, Sr. The decedent was fatally injured in an automobile collision between himself and an uninsured motorist. The decedent was insured under an automobile liability policy which included uninsured motorist coverage. The second wife, Carol Williams, had paid the premium for herself and the decedent on the automobile liability policy in question and, therefore, the uninsured...