This appeal involves the interpretation of the “each person” limitation of an automobile liability insurance policy and its application to a claim for loss of consortium.
Marion Gillchrest's husband, Wendell, was severely injured in an accident involving a car driven by Cameron M. Brown, an insured of North East Insurance Company. Mr. Brown’s liability policy issued by North East set maximum limits of $20,000 for “each person” and $40,000 for “each accident.” The policy described those limits as follows:
The limit of liability shown in the Declarations for “each person” for Bodily Injury Liability is our maximum limit of liability for all damages for bodily injury sustained by any one person in any one auto accident. Subject to this limit for “each person”, the limit of liability shown in the Declarations for “each accident” for Bodily Injury Liability is our maximum limit of liability for all damages for bodily injury resulting from any one auto accident.
(Emphasis added) In their complaint in this action the Gillchrests sought money damages from Brown for Wendell’s bodily injuries and for Marion’s resulting loss of consortium, and in a final count asked for a declaratory judgment against North East that for purposes of determining the amount of the North East insurance coverage available to satisfy a judgment recovered by Marion, the “each person” limit should be applied to her separately from Wendell. The parties settled Wendell’s part of the suit, reserving for court disposition Marion’s claim for loss of consortium. They later stipulated that Marion was entitled to judgment for $18,000 on her consortium claim; that North East in settling with Wendell had exhausted the full $20,-000 of its “each person” coverage; and that Marion’s judgment for $18,000 is payable only from North East insurance proceeds, and then only if Marion’s consortium claim is not to be considered jointly with Wendell’s claim in applying the $20,000 “each person” limit under the North East policy.
*693 The Superior Court entered summary judgment in Marion’s favor, declaring that Marion’s consortium claim is limited only by the $40,000 “each accident” limitation of the North East policy. North East appeals, contending that the Superior Court misread the controlling provision of the insurance policy, which is quoted above. We agree.
The language of an insurance policy is ambiguous only if it is reasonably susceptible of more than one interpretation.
Brackett v. Middlesex Ins. Co.,
By its nature Marion Gillchrest’s loss of consortium is not itself a bodily injury to her. Rather her loss of consortium arises out of, and is derivative from, the bodily injury sustained by her husband. That “consequential injury is to [Marion’s] psychic interests rather than to [her] physical person or tangible property.”
Durepo v. Fishman,
The entry is:
Judgment vacated. Remanded to the Superior Court for entry of judgment for defendants.
All concurring.