Is Loss of Consortium Subject to “Per Person” or “Per Accident” Policy Limits in California?

In California, loss of consortium claims are generally subject to the “per person” policy limit of the at-fault party’s insurance policy. This means that the total compensation available for both the injured individual’s damages and the spouse’s loss of consortium is capped by the policy’s per person limit.

For example, if a policy includes a $100,000 per person limit and a $300,000 per accident limit, the loss of consortium claim is limited to the same $100,000 per person limit as the injured person’s claim.

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What Does the Policy Say?

The critical factor in determining how policy limits apply is the specific wording in the insurance policy. Most insurance policies define the per person limit to include:

• Bodily injury damages for the injured individual (medical bills, lost wages, etc.), and
• Associated damages stemming from the injury, such as loss of consortium.

This language combines loss of consortium claims with the injured person’s bodily injury claim under the same per person limit.

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Example Policy Language

The language used by most major insurers limits a spouse’s loss of consortium claim to the same “per person” limit as the person who sustained the bodily injury. For example:

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State Farm

State Farm insurance policies typically state:

“The dollar amount shown under “Each Person” is the most we will pay for all damages arising out of and resulting from bodily injury to any one person injured in any one accident, including all damages sustained by other persons arising out of and resulting from that bodily injury.”

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Allstate

Allstate policies state:

“The limit of liability shown on the Declarations Page for each person for Bodily Injury Liability Coverage is our maximum limit of liability for all damages for bodily injury, sustained by any one person in any one auto accident. This includes all derivative claims arising out of said bodily injury which includes, but is not limited to, damages for care, loss of service or death, loss of consortium, loss of society or companionship.”

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Geico

Geico policies state:

“The limit of bodily injury stated in the Declarations Page as applicable to “each person” is the limit of our liability for all damages, including damages for care and loss of services, because of bodily injury sustained by one person as the result of one occurrence.”

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Each of these policies limits bodily injury and loss of consortium claims to the same “per person” limit.

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Case Law - Jones v. IDS Property Casualty Ins. Co.

In Jones v. IDS Property Casualty Ins. Co. (2018) 27 Cal.App.5th 625, the California appellate court examined a policy with bodily injury liability limits of $250,000 per person and $500,000 per occurrence. The policy stated: “The bodily injury liability limits for each person is the maximum we will pay as damages for bodily injury, including damages for care and loss of service, to one person per occurrence.” The court concluded that the “loss of services and care” language combined the bodily injury and loss of consortium claims under the single per person limit of $250,000. “The language makes clear that the damages for bodily injury include loss of consortium. Further, the policy language provides that so long as only one person suffered bodily injury, the per person limit applies.” (Jones, supra, at 628.)

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How Hulburt Law Firm Can Help

If you’re dealing with a loss of consortium claim or have questions about how insurance limits apply, contact the Hulburt Law Firm today. We’ll thoroughly analyze your case, review the applicable insurance policies, and advocate for maximum compensation. The Truth Demands Justice—and we’re here to fight for it.

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