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· 9/26/2008

State Farm Mutual Automobile Insurance Co. v. Dowdy

Citations

  • 192 P.3d 994
  • 2008 Alas. LEXIS 138
  • 2008 WL 4367538

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that parents who witnessed their fatally wounded child were not injured \in the same accident\ as the child but rather \were injured as a result of the death of their daughter in an accident\
  • \[I]t seems plain that the 'in the same accident' language of the policy cannot reasonably be construed to cover the Dowdys' NIED claim.\
  • “[A]mbiguities only exist when there are two or more reasonable interpretations of particular policy language.”
  • \[I]t seems plain that the `in the same accident' language of the policy cannot reasonably be construed to cover the Dowdys' NIED claim.\
  • \To conclude that either Barbara or Asa Dowdy were injured 'in the same accident' with [their daughter] would stretch the meaning of that phrase beyond any generally accepted usage.\
  • \[It is not possible to say that all plaintiffs with NIED claims that are valid under Alaska law are necessarily injured in the same accident as their injured relatives.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Fabe, Matthews, Eastaugh, Carpeneti, Winfree

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.