STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v CODER


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Keywords & Phrases

CourtCode: SU, CourtName: Superior Court, Defendant: , District: Fourth, JudgeName: Mary Greene, Plaintiff: STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., State: AK Alaska, UniqueCaseRef: AK>SU>117, Punitive Damages, Policy, State Farm, Coder, Alaska, Emotional Distress, Insurance Policy, Consortium Claims, Summary Judgment, Uninsured Motorist Coverage, Bodily Injury, Negligent Infliction, Dale Coder, Farm Mutual Automobile, Motor Vehicle, Liability, Granted Summary Judgment, State Farm Mut, Interpretation, Underinsured Motor Vehicle, Partial Summary Judgment, Provision, Property Damage, Superior Court, Automobile Insurance Company, Heather Coder, Moving Party , ContentID: 120239538

Case Documents

1998-11-27

MEMORANDUM DECISION & ORDER
[ see first page and extracted highlights below ] ItemID: 100041

13 pages
HTML

Total Documents: 1 document , 13 pages

Price: $ 19.95

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1 . MEMORANDUM DECISION & ORDER

EXTRACTED KEY WORDS

POLICY
STATE FARM
CODER
ALASKA
EMOTIONAL DISTRESS
INSURANCE POLICY
COURT
CONSORTIUM CLAIMS
SUMMARY JUDGMENT
UNINSURED MOTORIST COVERAGE
BODILY INJURY
NEGLIGENT INFLICTION
DALE CODER
FARM MUTUAL AUTOMOBILE
MOTOR VEHICLE
LIABILITY
GRANTED SUMMARY JUDGMENT
STATE FARM MUT
INTERPRETATION
UNDERINSURED MOTOR VEHICLE
DEFENDANTS
PARTIAL SUMMARY JUDGMENT
PROVISION
PROPERTY DAMAGE
SUPERIOR COURT
AUTOMOBILE INSURANCE COMPANY
PLAINTIFF
HEATHER CODER
MOVING PARTY


IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

FOURTH JUDICIAL DISTRICT

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,

Plaintiff,

vs.

DALE A. CODER, JOE CODER, a minor and HEATHER CODER, a minor,

Defendants.

_____________________________ )

Case No. 4FA-98-991 CIV

MEMORANDUM DECISION AND ORDER

The plaintiff, State Farm Mutual Automobile Insurance Company, has requested partial summary
Joe, and Heather Coder, and Dale Coder's claim for the negligent infliction of emotional distress
 insurance policy. The defendants acknowledge that State Farm should be granted summary judgment on
 granted summary judgment that his negligent infliction of emotional distress claim is covered by
 on their claim that punitive damages are payable to them under the policy. The court grants
s that negligent infliction of emotional distress claims of someone in Mr. Coder's position are
 policy and that they are subject to a "per person" allocation separate from the injured insured.
rial fact on whether Mr. Coder suffered negligent infliction of emotional distress. The court
to Mr. Coder under the uninsured motorist coverage of this policy.

I. FACTS

SNIPPETS:

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

DALE A. CODER, JOE CODER, a minor and HEATHER CODER, a minor,

The plaintiff, State Farm Mutual Automobile Insurance Company, has requested partial summary

The defendants acknowledge that State Farm should be granted summary judgment on the

The court grants summary judgment on the consortium claims.

The court concludes that punitive damages are potentially payable to Mr. Coder under the

State Farm issued a standard form automobile liability insurance policy to Dale and Brenda

She filed a claim for uninsured motor vehicle coverage and was paid the per person policy

Coder's uninsured motorist claim was resolved, Mr. Coder and their two minor children, Joe

The policy provides under the uninsured motorist "limits of liability" that: "`Bodily injury

Because summary judgment forecloses further litigation on one or more issues, the moving

We will pay damages for bodily injury and property damage an insured is legally entitled to

The provision of liability and uninsured motorist coverage is governed by Alaska statutes.

When a clause in an insurance policy is authorized or required by statute, it must be

See, e.g., State Farm Mut.

State Farm is granted partial summary judgment on the claims of loss of consortium.


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