LAVANANT v. GEN. ACC. INS.


79 N.Y.2d 623 (1992)

Suzanne Lavanant et al., Respondents, v. General Accident Insurance Company of America, Appellant, and Chubb Group of Insurance Companies et al., Respondents.

Court of Appeals of the State of New York.

Decided June 4, 1992.


Attorney(s) appearing for the Case

Terrence P. O'Reilly for appellant.

Irwin Brownstein and Richard E. Hershenson for Suzanne Lavanant and another, respondents.

John C. Young for Federal Insurance Company, respondent.

Daniel E. Troy, Thomas W. Brunner and Stephen P. Keim, of the District of Columbia Bar, admitted pro hac vice, for American Insurance Association and another, amici curiae.

Chief Judge WACHTLER and Judges SIMONS, TITONE, HANCOCK, JR., and BELLACOSA concur.


KAYE, J.

This appeal by an insurer presents an issue that has divided courts in other jurisdictions but remains open here: whether coverage for "bodily injury" includes emotional distress resulting from the insured's negligent conduct, where no physical injury or contact is involved. We conclude that in the circumstances presented, mental injury alone is covered.

I.

Plaintiffs are the owner...

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