Treichel v. State Farm Mutual Automobile Insurance

How courts have described this case

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

• holding that the policy language did not limit plaintiff's claim because it was independent
• holding that a wife’s claim for emotional distress resulting from witnessing her husband being hit and killed by a car was not limited by the per person limit applied to her husband
• holding that a wife’s claim for emotional distress resulting from witnessing her husband being hit and killed by a car was not limited by the per person limit applied to her husband
• concluding that “each person” coverage limit did not apply to emotional distress when insurance policy did not expressly define bodily injury but allowed recovery for other nonphysical injuries, such as loss of consortium
• holding that claimant’s NIED claim arose “out of the traumatic personal impact upon her own emotional and physical well-being by actually and immediately experiencing the accident which killed her husband directly in front of her,” and therefore, was covered under the policy
• emotional distress from witnessing accident which killed her husband was independent injury, not subject to the “per person” limitation on her husband’s claim

Source: CourtListener parenthetical corpus (CC0).