Section 6.36 Consortium Claims

• Library: Insurance Practice 2015

In a personal injury action, a spouse may file a loss of consortium claim based on the injuries received by the husband or wife as a result of the accident. Commonly, these claims are joined in one case and pursued together. The issue remains open as to whether the policy limits of the UIM coverage are equally available on the personal injury claim and the consortium claim. Courts have made it clear that, when the policy expressly states that the limits of liability for each person would include damages...