01-0178 Gragg v. American Family Mutual Insurance Co.

By: dmc-admin//October 8, 2001//

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“The Graggs next argue that where two people sustain bodily injury in a single accident, the highest limit of liability referred to in the ‘two or more cars insured’ clause is the $300,000 per accident limit. While the rule thus stated is accurate, it does not apply in this case. The injuries suffered by Karen and Brittany are derivative claims for loss of consortium and loss of society and companionship arising from Michael’s bodily injuries. Such injuries may be an element of damage recoverable by the family members, but they are not ‘bodily injury’ within the meaning of the provisions of the American Family policy.”

Affirmed.

Recommended for publication in the official reports.

Dist II, Washington County, Ziegler, Brown, J.

Attorneys:

For Appellant: Sarah E. Frink, Brookfield

For Respondent: James T. Murray Jr., Milwaukee; Michael J. Wirth, Milwaukee

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