A negligent infliction of emotional distress claim brought on behalf of a boy who saw his mother die in a car accident is a separate per person claim under his parents’ insurance policy and not a derivative claim subject to the mother’s limit, the Superior Court has ruled.
However, the three-judge panel in Erie Insurance Group v. Shue, PICS Case No. 99-2193 (Pa. Super. Nov. 19, 1999) McEwen, J. (12 pages), relied on the trial court judge’s reasoning that the express language of the policy forbade the deceased’s husband, Barry Shue, from asserting three separate claims against his insurer over the death of his wife, Patti.
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