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A defendant's auto insurance policy doesn't cover a bystander's emotional distress claim, the Connecticut Supreme Court has ruled. The plaintiff's son was struck by a car driven by the defendant. The plaintiff claimed that she suffered emotional distress as a result of witnessing the bodily injuries to her son.
The defendant's policy provided bodily injury coverage with liability limits of $100,000 for "each person" and $300,000 for each accident.
The claims on behalf of the son were settled for $100,000, the maximum limit per person. The plaintiff sought an additional $100,000, claiming that the emotional distress she suffered constituted a separate and distinct "bodily injury" under the terms of the policy.
But the court disagreed.
"[T]he plaintiff's claim for bystander emotional distress does not constitute a bodily injury within the meaning of the policy. ... [T]here was no 'physical or corporeal' injury."
Furthermore, the court noted, the majority of jurisdictions has found that the term "bodily injury" in a liability policy does not include emotional distress unaccompanied by physical harm.
Connecticut Supreme Court. Taylor v. Mucci, No. 18062. Aug. 12, 2008. Lawyers USA No. 99310545.
Originally published by Lawyers USA Staff Report.
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