(dissenting).
[¶ 34.] I respectfully dissent. Based upon the plain meaning of the statutory language, Gloe should be allowed to recover from his own underinsured coverage for the wrongful death of his parents. The majority concludes that the law was intended to protect only the insured person’s injury or death. This, the majority concludes is public policy. I cannot agree. Public policy is what the legislature says it is. What the legislature said is that an insured may claim under his own policy if he is legally entitled to recover for a death caused by an underinsured tortfeasor.
[¶ 35.] The majority reaches a contrary conclusion, in part, by emphasizing one portion of the statutory language in SDCL 58-11-9 and deemphasizing the statutory language as a whole. The majority concludes that only an “insured’s” bodily injury or death is protected by the underin-surance coverage because the statutory language which expressly requires uninsured coverage for bodily injury and death is “for the protection of persons insured thereunder.” Yet a closer analysis of the precise language of the statute further defines “persons insured thereunder.” It includes in the definition “persons insured thereunder who are legally entitled to recover ... because of bodily injury, sickness or disease, including death, resulting therefrom.” Id. (emphasis added). The plain meaning of the language cannot be overlooked.
[¶ 36.] We have consistently restrained our interpretation of a law to the plain meaning of the words and have declined to expand its meaning to what we think it should have said or what we think the legislature may have meant. We should also restrain ourselves in this case. If the legislature does not want underinsured coverage for wrongful death beneficiaries, it can amend the language of the statutes clearly to say so, as has been done in some other states. We recently reiterated how we determine legislative intent:
The intent of a statute is determined from what the legislature said, rather than what the courts think it should have said, and the court must confine itself to the language used.
Words and phrases in a statute must be given their plain meaning and effect. When the language in a statute is clear, certain and unambiguous, there is no reason for construction, and the Court’s only function is to declare the meaning of the statute as clearly expressed. Moreover, [i]n arriving at the intention of the Legislature, it is presumed that the words of the statute have been used to convey their ordinary, popular meaning. SDCL 2-14-1 requires that words in a statute are to be understood in their ordinary sense. We finally note that a [j]udieial interpretation of a statute that *251fail[][s] to acknowledge its plain language would amount to judicial supervision of the legislature.
In re West River Electric Ass’n. Inc., 2004 SD 11, ¶ 21, 675 N.W.2d 222, 228 (citations and quotations omitted).
[¶37.] The plain language of SDCL 58-11-9 requires coverage to insureds “who are legally entitled to recover damages.” SDCL 58-11-9. The plain language in the underinsured motorist coverage statutes likewise contemplates an insured’s coverage on a wrongful death claim. SDCL 58-11-9.5 provides:
Subject to the terms and conditions of such underinsured motorist coverage, the insurance company agrees to pay its own insured for uncompensated damages as its insured may recover on account of bodily injury or death arising out of an automobile accident because the judgment recovered against the owner of the other vehicle exceeds the policy limits thereon.
(Emphasis added). As Gloe points out, in South Dakota decedents or estates of decedents cannot legally recover for their own deaths. SDCL 21-5-5. With this in mind, it is conceivable that the legislature intended to provide coverage protection for an insured who is “legally entitled to recover damages ... because of ... death,” and underinsurance coverage for “death of’ a person, and for “recover[yj on account of ... death.” SDCL 58-11-9, -9.4, -9.5. This is particularly true since this is the plain meaning of the language the legislature used.
[¶ 38.] Another principle of statutory construction is to give effect to each word, phrase or sentence of a statute.
A statute should be construed so that effect is given to all its provisions, so that no part will be inoperative or superfluous, void or insignificant, ... No clause sentence or word shall be construed as superfluous, void or insignificant if the construction can be found which will give force to and preserve all the words of the statute. While every word of a statute must be presumed to have been used for a purpose, it is also the case that every word excluded from a statute must be presumed to have been excluded for a purpose.
2A NoRman J. SingeR, SUTHERLAND StatutoRY Construction § 46.06, 181-92 (6th Ed 2000) (emphasis added). We have to presume that the legislature used the words it did for a purpose and left out words for a purpose. The legislature wanted protection for those who suffered uncompensated damages due to underinsured and uninsured motorists’ negligence. Those suffering damages as outlined by the statute are those who are legally entitled to recover damages for bodily injury and death. The only one who can legally recover damages for death is one entitled to recover under South Dakota’s wrongful death statutes. Had the legislature intended to limit recovery to an insured’s own injury or to a household member’s injury or death, it could have easily done so. For example, the legislature could have written the statute to say:
“Subject to the terms and conditions of such underinsured motorist coverage, the insurance company agrees to pay its own insured for uncompensated damages as its insured may recover on account of bodily injury or death [of an insured] arising out of an automobile accident because the judgment recovered against the owner of the other vehicle exceeds the policy limits thereon.”
See SDCL 58-11-9.5. The legislature also could have clearly limited the coverage expressed in SDCL 58-11-9 by changing or inserting different language. Instead of using language allowing recovery of damages because of “death,” without qualifiea*252tion, it could have used a more limiting phrase such as “death [of an insured].” Id. The bottom line is that the legislature did not limit coverage. There is nothing ambiguous about the language and no need to look to other jurisdictions. The legislature set up the statutory recovery for wrongful death; it also required coverage when a death results from the negligence of underinsured and uninsured motorists. It is logical to conclude that the intent of the law was to protect those who are harmed when death results, i.e. wrongful death beneficiaries. The legislature should be the entity to change the language of the law if this was not the intent, not this Court.
[¶ 39.] I would reverse the lower court and allow Gloe’s claim to proceed.
[¶ 40.] SABERS, Justice, joins this dissent.