Why Private Automobile Insurance Companies Pay Attention to the Same Sex Marriage Issue

by Faye Counts
(Maryland)

The requirement or expectation that a valid marriage existed in order for a loss of consortium claim to be legitimate is a huge reason why private automobile insurers pay attention to the same-sex marriage issue. Where same-sex marriages become legally recognized, lost consortium claims within those marriages must also be legally recognized. Though certainly not every personal injury claim gives rise to a lost consortium claim, some do, and the number of claims could likely increase proportionately with the number of legally recognized marriages.


Certainly there will be a period when spouses in a same-sex marriage would be more hesitant to make a loss of consortium claim, no matter how valid it may be, much as spouses in traditional marriages were. Over time, as society and courtrooms become more accepting, these hesitations will also be overcome.

This entry is approved for informational purposes and is not intended to take the place of competent local legal advice.

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