Vera White, Personal Representative of the Estate of Movita Ruth White Dumont, Deceased v. Equity Fire and Casualty

Shawnee, Oklahoma Plaintiff personal injury wrongful death lawyer sued the Defendant on a breach of insurance contract theory for failing to pay Plaintiff's claim.



¶1 Movita Ruth Dumont (Dumont) died as a result of an automobile accident on May 7, 1985, while a passenger in a vehicle owned and driven by Hope G. Jones (Jones). It was stipulated that Dumont was not negligent; and, Jones' negligence was the proximate cause of Dumont's death. The parties stipulated that Jones was an uninsured motorist at the time of the accident. Prior to her death, Dumont was living with her two sons and her parents in the home of her parents, Nelson and Vera White. Nelson was the named insured on an automobile policy, which included uninsured motorist coverage, issued by Equity Fire & Casualty Company (Appellee). Dumont was covered under Nelson's policy as a "family member" of the named insured. Vera White (Appellant) is the personal representative of Dumont's Estate.



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¶6 Appellant attempts to bring each survivor within the above statutory language as the person who suffered bodily injury or death because of the uninsured motorist. The survivors are not "covered persons" under the policy with regard to this claim. They suffered no bodily injury due to the uninsured motorist's negligence. To recover under 36 O.S. 1981 § 3636 , a "claimant", must have suffered "bodily injury, sickness or disease, including death". The parties stipulated that Appellee's policy provides that $10,000.00 is the limit of liability that will be paid "for all damages for bodily injury sustained by any one person in any one accident." (Emphasis added). Dumont was the person who sustained the injury, not her survivors. They receive only the rights she would have had. Appellee's policy is consistent with 36 O.S. 1981 § 3636 (B). The trial court correctly held the limit of liability was $10,000.00.



¶7 AFFIRMED.