Mineral Wells insurance lawyers need to know how a “loss of consortium” claim works as it regards insurance.
The 1987 Texas Supreme Court opinion styled McGovern v. Williams helps a person to understand how this type of claim. Here is some relevant information.
This cause concerns the liability of an insurance company under an automobile liability policy. Robert McGovern and wife, Ella Jo, sued respondent Linda Kay Williams for damages arising out of an automobile accident. Mr. McGovern sued for personal injuries and Mrs. McGovern, who was not involved in the accident, sued for loss of consortium. Respondent State Farm Insurance Company, the insurer for Ms. Williams, intervened and tendered $10,000 as full payment of its policy limits. The trial court determined that $10,000 was the applicable policy limit and, after accepting the tender, released and discharged State Farm from any further liability. Ms. Williams’ insurance policy with State Farm insured Ms. Williams to the extent of $10,000 per person and $20,000 per occurrence for bodily injury claims. State Farm tendered $10,000 pursuant to the “per person” policy limit. Mrs. McGovern disputed the amount of the tender, contending that she and Mr. McGovern were each entitled to $10,000 in insurance proceeds and that State Farm’s obligation was $20,000. The trial court held State Farm was not obligated to pay the damages sustained by Mr. and Mrs. McGovern in excess of the $10,000 limit. The trial court accordingly accepted State Farm’s tender of $10,000 and released State Farm from any further liability. The trial court also rendered judgment against Ms. Williams in favor of Mrs. McGovern for $10,000.