No coverage for bystander's emotional distress, rules connecticut supreme court

By study

A defendant's auto insurance policy doesn't cover a bystander's emotional hurt claim, the Nutmeg State Supreme Court has ruled. The plaintiff's son was struck by a car driven by the suspect. The complainant claimed that she suffered emotional hurt as a consequence of witnessing the bodily injuries to her son.

The defendant's policy provided bodily hurt coverage with liability limits of $100,000 for "each individual" and $300,000 for each accident.

The claims on behalf of the son were settled for $100,000, the upper limit limit per individual. The complainant sought an additional $100,000, claiming that the emotional distress she suffered constituted a offprint and distinct "bodily hurt" under the terms of the policy.

But the court disagreed.

"[T]he plaintiff's claim for bystander emotional hurt does not constitute a bodily injury inside the significance of the policy. ... [T]here was no 'physical or corporeal' injury."

moreover, the court noted, the bulk of legal power has found that the term "bodily injury" in a liability policy does not include emotional hurt unaccompanied by physical harm.

Nutmeg State Supreme Court. Deems Taylor v. Mucci, No. 18062. Aug. 12, 2008. Attorney USA No. 99310545.

Originally published by attorney USA Staff study.