Legal Question in Insurance Law in Florida

Father (passenger) killed in car accident (after a week in intensive care) in Tampa, FL. At fault driver was stepmother (married to Father for 4 years) Both are Illinois residents, have seperate Illinois insurance policies, and are Illinois citizens.Her policy had $100,000 BI limit and his had $500,000 UM/UIM. Can his 3 surviving children bring a claim against her for "pain and suffering" and in what state?

Asked on 9/20/10, 1:27 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Although you could sue her, since they were married, insurance will not cover.

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Answered on 9/25/10, 1:34 pm
Melvin Wright Colling Gilbert Wright & Carter

Suit could be brought probably in either state. Some extensive research would be required but there is some authority under Illinois law that would permit children to sue for the death. The next most critical question is whether there is a valid exclusion in the insurance policies for this situation. You need an experienced attorney either in FL or in Illinois to examine the complete insurance policy language and research the interplay between the insurance coverage and interspousal immunity doctrine in each state to fully evaluate these claims.

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Answered on 9/25/10, 2:15 pm

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