LAVANANT v. GEN. ACC. INS. CO.


164 A.D.2d 73 (1990)

Suzanne Lavanant et al., Respondents, v. General Accident Insurance Company of America, Appellant, and Chubb Group of Insurance Companies et al., Respondents General Accident Insurance Company of America, Third-Party Plaintiff-Appellant, v. Brownstein & Brownstein, Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

October 30, 1990


Attorney(s) appearing for the Case

Irwin Brownstein of counsel (Brownstein & Brownstein, attorneys), for plaintiffs-respondents-appellants.

Terrence P. O'Reilly of counsel (Foley, Hickey, Gilbert & O'Reilly, attorneys), for appellant and third-party plaintiff-appellant.

Peter L. Contini of counsel (Ronald C. Burke with him on the brief; L'Abbate & Balkan, attorneys), for third-party defendant-respondent.

John Young for Chubb Group of Insurance Companies, respondents.

MURPHY, P. J., CARRO and MILONAS, JJ., concur.


SULLIVAN, J.

This appeal presents the issue of whether a liability insurance policy providing indemnity for damages incurred as a result of "bodily injury" — defined as "bodily injury, sickness or disease" — provides coverage for emotional distress suffered as a result of the insured's negligence but without any physical contact. We hold that it does.

Plaintiffs Lavanant and Brittany Management...

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