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Bagley v. Bagley, 2015 UT App 33, 344 P.3d 655 (Feb. 12, 2015) 

Feb 12, 2015

The Utah Court of Appeals was called upon to interpret Utah’s wrongful death statute, Utah Code Ann. § 78B-3-107 (LexisNexis Supp. 2014), and decide whether a woman could sue herself for damages that would be potentially covered under an insurance policy. The woman was the plaintiff, acting as heir and personal representative for her deceased husband’s estate, and also the defendant, acting as the driver alleged to have caused the accident that killed her husband. The Utah Court of Appeals analyzed the plain language of the statute and concluded that it did not, by its express language, bar the woman’s wrongful death claim against herself. The court commented that if this result is misaligned with public policy, it is the province of the legislature to correct it.