It’s time for the next installment of Holcomb Law Group law series “Insurance Law from A to Z.” This was put together by our litigation group who practice in the insurance law arena. Of course, if you have questions about these or any other topics please do not hesitate to contact us.
This week’s installment – Consortium
Damages for loss of consortium include conjugal rights, or a broad range of services performed by the spouse, in addition to intangible mental and emotional damages. Coho Resources, Inc. v. McCarthy, 829 So. 2d 1, 20 (Miss. 2002) (citing Tribble v. Gregory, 288 So. 2d 13, 16-17 (Miss. 1974)).
In a loss of consortium action, the plaintiff’s recovery is reduced by the relative percentage of the injured spouse’s comparative negligence. Choctaw, Inc. v. Wichner, 521 So. 2d 878 (Miss. 1988).
Losses of consortium claims are not separate occurrences under the terms of an insurance policy. Crum v. Johnson, 809 So. 2d 663, 666 (Miss. 2002).
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The information contained in this post is for general guidance on matters of interest only. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, there may be omissions or inaccuracies in information contained in this report. Accordingly, the information in this report is provided with the understanding that the authors are not herein engaged in rendering legal, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with legal or other competent advisers. Before making any decision or taking any action, you should consult with your counsel or the attorneys at Holcomb Law Group.
