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As long as it was not her husbands plane. Loss of consortium is not in addition to the loss of the husband, and she will not get additional money for this. She will get one settlement amount for her loss, no matter what, and when she signs a release it will cover everything. She can't come back after settling and sue for anything else, like loss of a grass cutter, or anything else.

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7y ago
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8y ago

No,, You have to sue the responsible party. The insurance company had no part in the accident, so they are not who you sue. You will need to sue the company that you hold responsible for the crash. If you file suit against the insurance company for the actions of their client the case would simply be dismissed as you will have filed suit against the wrong entity. This causes long delays in that you would have to file the suit again against the appropriate entity.

The whole matter hinges on Liability. Who is liable for the accident that resulted in the plane crash (presumably the airline). If they have insurance, then that insurance company will respond to your claim or a law suit as the case may be and provide for the defense costs of their insured client as well as pay you any judgement for which the insured is held liable by the court.

In the United States, anyone can certainly sue anyone over just about anything. Now winning the suit is another matter. Especially now after tort reform. Should you fail to win your case, you can now be held financially liable for all the attorneys and court costs of the person or company you sued.

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Q: Can a wife sue the liability insurance company for loss of consortium when her husband was killed in a recent plane crash?
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