BOEHM, J.
We hold that an uninsured motorist policy restricting coverage to bodily injury or death sustained by an insured does not violate Indiana’s uninsured motorist statute.
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Indiana Code section 27-7-5-2 requires an automobile liability policy subject to the Indiana statute to make coverage available in limits for bodily injury or death . . . not less than those set forth in IC 9-25-4-5 . . . for the protection of persons insured under the policy who are legally entitled to recover damages from owners or operators of uninsured or underinsured motor vehicles because of bodily injury, sickness or disease, including death . . . .
The statute itself makes clear that it contemplates uninsured motorist coverage only for the “insured’s” bodily injury. Section 27-7-5-5(c) defines the “maximum amount payable for bodily injury under uninsured or underinsured motorist coverage” by reference to “the insured’s bodily injury.” State Farm’s policy is therefore consistent with the uninsured motorist statute by requiring that the insured sustain bodily injury to trigger uninsured motorist coverage. The Bushes argue that State Farm’s definition of “bodily injury” is ambiguous and could be construed as including emotional distress sustained by persons who do not sustain bodily injury. If this were a viable claim, the Bushes could assert it in their individual capacities. But this contention is foreclosed by Jakupko, which interpreted the same definition of bodily injury to include emotional distress only if it arises from a bodily touching. 881 N.E.2d at 658.
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Apart from the problem that they did not suffer “bodily injury,” the Bushes have no uninsured motorist coverage for Leonard’s death because, in their individual capacities, they are not persons “legally entitled to recover damages” for Leonard’s death. At common law, there was no tort liability for wrongful death because personal injury actions did not survive the injured party’s death. Estate of Sears ex rel. Sears v. Griffin, 771 N.E.2d 1136, 1138 (Ind. 2002). As a result, wrongful death actions are purely statutory. Id. In Indiana, claims for the death of a person must be brought under either the Child Wrongful Death Act, the Adult Wrongful Death Act, or the general Wrongful Death Act. See id. Leonard was an unmarried childless adult, and therefore his death is governed by the Adult Wrongful Death Act. I.C. § 34-23-1-2(a). A claim under that statute may be asserted only by the decedent’s estate. Id. § 34-23-1-2(b). This is no mere technicality. If the claim is asserted under the Adult Wrongful Death Act, some proceeds are subjected to creditors of the decedent’s estate, and aggregate damages for loss of love and companionship are capped at $300,000. Id. § 34-23-1-2(d), (e).
The trial court’s grant of summary judgment is affirmed.
SHEPARD, C.J., and DICKSON, SULLIVAN, and RUCKER, JJ., concur.