Reply to thread

Message

[QUOTE="orangecuse, post: 3592911, member: 668"]
One thing I didn't see mentioned here from the posters that are obvious attorneys or have experience in the insurance industry is a claim called [I]"zone of danger."[/I] This allows potential recovery for parties that were also present or in that "zone" (immediate area) that can commence a cause of action for compensatory damages relative to psychological, emotional distress, trauma, etc. even without sustaining any physical bodily injury.

Wrongful death cases involve[I] pre-impact terror[/I], [I]conscious pain and suffering[/I] and [I]economic loss[/I]. The first is typically a 'capped' monetary amount, which isn't a significant amount from a compensatory figure standpoint. Since the deceased died instantly, there will be a minimal compensatory amount for conscious pain and suffering. The largest amount for compensatory damages potential falls in the economic loss category, which is often where the highest figures come from. However, I don't believe (if I recall correctly) that the deceased was married or had any minor children where they were financially dependent on him.

This being the case, along with the comparative negligence offset, it doesn't appear to be one of high monetary value, certainly not one that would tap into JB's umbrella policy, but settled in the underlying coverage exposure area. Moreover, if SU did own the vehicle, its policy would be primary (with liability following the vehicle) and cover the loss 100% and JB's personal policies would be secondary or excess insurance to the school's primary coverage.
[/QUOTE]

Verification

What is a Syracuse fan's favorite color?