Wright v. Travelers Property Casualty Insurance Company, 2:10-cv-00386

This is a diversity action removed from state court seeking uninsured motorist coverage under a Standard Fire auto policy and a homeowners policy issued by Standard Fire and endorsed through Travelers.
Plaintiffs David and Nancy Wright seek damages for loss of consortium and related expenses following the death of Margaret Wright in a vehicle accident involving Martha Beals.
Policies at issue include an Auto Policy (Oct 14, 2008–Apr 14, 2009) and a Homeowners Policy (Apr 14, 2008–Apr 14, 2009) with an Umbrella Supplement containing a Motorists Endorsement.
Plaintiffs initially claimed under Travelers’ uninsured motorist coverage after Summer 2009 correspondence; Travelers removed the case and moved for summary judgment on April 30, 2010.
The court granted Travelers’ summary judgment motion, concluding that plaintiffs could not show a bodily injury under either policy to trigger coverage.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether loss of consortium is a bodily injury under the policies	Wright(s) contend loss of consortium is recoverable as bodily injury under both policies.	Loss of consortium is nonbodily and not covered by the definitions of bodily injury.	Loss of consortium not bodily injury under Ohio law; no coverage.
Whether funeral/long-term care costs qualify as bodily injury under the policies	Funeral and long-term care costs fall within bodily injury as part of damages from the insured's death.	Funeral and long-term care costs do not constitute bodily injury under either policy.	Funeral/long-term care costs are not bodily injury; no coverage.
Whether plaintiffs as insureds sustained bodily injury to trigger UM coverage	Plaintiffs as insureds suffered bodily injury through consequences of their mother’s death.	Plaintiffs did not sustain bodily injury as defined by the policies.	No genuine issue of material fact; plaintiffs did not sustain bodily injury.

Lane v. Grange Mut. Cos., 45 Ohio St.3d 63 (Ohio 1989) (loss of consortium not bodily injury under Ohio law)