Subscribe to the articles RSS feedCourt of Appeals Holds That Insureds are Entitled to Recover UIM Benefits Regardless of Whether The Insureds Themselves Sustain Bodily Injury
Elliot Brey and Estate of Ryan B. Johnson v. State Farm Mut. Aut. Ins. Co., et al., 2019 WL 6449010 (Ct. App., June 25, 2020)
Elliot arose from a single-vehicle accident resulting in the death of Ryan Johnson, a passenger. Johnson’s son, Plaintiff-appellant, Elliot Brey (“Brey”), a minor, brought an action in Monroe County Circuit Court seeking recovery from the vehicle driver/owner and his insurer for negligence. Brey also named State Farm in the action seeking to recover, under the State Farm policy’s UIM provision, damages Brey sustained as a result of Johnson’s wrongful death, pursuant to Wis. Stat. § 895.04. Brey alleged a loss of monetary support from Johnson as a result of Johnson’s death and that the State Farm policy provides UIM coverage for Brey’s underinsured losses.
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