02-0129 Mullen v. Estate of Petit

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Although plaintiff maintained that his emotional injuries arose from his own bodily injuries and were, therefore, payable under his own “per person” limit, we disagree. “[B]ut for the death of his wife, Mullen would not have an emotional distress claim based on witnessing her death. That he suffered his own injuries is irrelevant to the issue of how the policy covers claims that result from bodily injury to another person. …

“Mullen argues these cases state he is entitled to recover his damages for emotional distress from witnessing his wife’s death. We agree. The issue before us, however, is how Mullen’s uninsured motorist policy treats these claims. It unambiguously limits American Family’s liability for all damages arising from one person’s bodily injuries to the ‘each person’ limit.

Here, the emotional distress Mullen suffered by witnessing his wife’s death arose from her bodily injury. Undoubtedly, this distress was severe. Nonetheless, American Family has already exhausted Petit’s ‘each person’ limit and is not required to provide coverage for any other damages that arose from her death.”

Affirmed.

Dist III, Lincoln County, Nolan, J., Cane, C.J.

Attorneys:

For Appellant: Dana J. Weis, Rhinelander; Brenda Kay Tremble, Rhinelander

For Respondent: not given