Where Wife Witnesses Her Husband’s Fatal Auto Accident, She is Not Entitled to Payment of Medical bills

A Philadelphia Common Pleas Court ruled in March 2006 that where a wife was walking across the city street when her husband was struck and killed by a motor vehicle operated by a Progressive insurance company policy holder is not entitled to recover first party benefits.

As a result of witnessing her husband’s fatal accident, the wife was diagnosed and treated for post traumatic stress disorder. The injured wife sought payment from Progressive for these medical bills. The insurance company denied payment and the wife filed suit against Progressive.

Relying on the policy language that defined “bodily injury caused by an accident arising out of the maintenance or use of a motor vehicle”, the Court denied coverage.