... 5. INSURANCE: [Costello] shall, and shall cause each of its subcontractors to, maintain (i) worker's
compensation and employer's liability insurance to fully protect against loss from personal injury,
including death, to any of their employees, (ii) comprehensive automobile liability ...
... Construing the wrongful death statute, the trial court held that, as a prerequisite to the filing of
a wrongful death suit under Alabama law, Mr. Griffin, had he been alive, must have had a viable
personal injury claim at the time that the wrongful death action was filed. ...
... the Court of Appeals held that Mr. Thompson did not exhaust the $100,000 per person limit in
the liability policy "if any of the $100,000 paid under the joint release went to [Mrs. Thompson]
to pay for her personal injury claim or for her loss of consortium claim...." Allstate Ins. Co. ...
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