John Tucker and Kerry Lewis obtained summary judgment in favor of an aviation liability insurer on the applicable limits of insurance for a wrongful death claim. The Estate of a deceased passenger argued the $1M limits applied instead of the $100K “per passenger” limits due to the holding in a similar Tenth Circuit Court of Appeals’ opinion dealing with slightly different policy language. The insurer successfully argued the claims of the spouse and parents of the passenger were derivative, which did not create an ambiguity or trigger separate limits of insurance.
