National Union Fire Ins. Co. v. Villanueva

Full title: NATIONAL UNION FIRE INSURANCE COMPANY, a Pennsylvania corporation…

Court: United States Court of Appeals, Ninth Circuit

Date published: Nov 8, 1994

39 F.3d 1187 (9th Cir. 1994)

Opinion

39 F.3d 1187 (9th Cir. 1994) NATIONAL UNION FIRE INSURANCE COMPANY, a Pennsylvania corporation, Plaintiff-counter-claim-defendant-Appellee, v. Lucille M. VILLANUEVA, individually and in her capacity as Special Administratrix of the Estate of David William Villanueva, deceased; David Villanueva; Bennett Craig Villanueva, individually and as guardian ad litem for Bennett Kaiponohea Kapono Villanueva, minor; David B. Villanueva; Allison Villanueva, individually and as guardian ad litem for Shellsea Villanueva and David B. Villanueva, Jr., minors, Defendant-counter-claimant-plaintiffs-Appellants. No. 90-16368. United States Court of Appeals, Ninth Circuit November 8, 1994

Submitted October 21, 1994.

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Appeal from the United States District Court for the District of Hawai"'i, No. CV-88-00522-DAE; David A. Ezra, District Judge, Presiding.

D.Hawi"'i, 716 F.Supp. 450.

AFFIRMED.

Before: WALLACE, Chief Judge, CHOY and POOLE, Circuit Judges.

Lucille Villanueva, the special administratrix of the estate of David Villanueva, and the family of David Villanueva appeal the district court's grant of summary judgment in favor of National Union Fire Insurance. They argue the district court erred in its determination that the deceased's family members are not entitled to separate limits of liability for emotional distress and wrongful death under their uninsured motorist coverage.

The Hawaii Supreme Court has recently held that claims for emotional distress arising from injury to another person in a motor vehicle accident are "derivative" under Hawaii's No-Fault Law, former HRS chapter 294, unless the claimant experienced the kind of "direct emotional trauma" that a witness or bystander would suffer. First Insurance Company of Hawai'i" 'Ltd. v. Lawrence, 77 Hawai'i 2, 881 P.2d 489, 504 (1994). The Hawaii Supreme Court has similarly held that claims for wrongful death damages are derivative for purposes of tort liability. Hara v. Island Insurance Co., Ltd., 70 Haw. 42, 759 P.2d 1374 (1988).

Because the Villanuevas' emotional distress and wrongful death claims are derivative of David Villanueva's death, their claims are not subject to separate 'each person' liability coverage limits." First Insurance, 881 P.2d at 491.

AFFIRMED.