Is Emotional Distress Covered By Bodily Injury Insurance?

Personal Injury
An interesting personal injury case was recently settled in the U.S. District Court for the District of Nevada. In it, the judge found that the "bodily injury" clause in a car insurance policy covered emotional distress as well as physical harm. The case was Brewington v. State Farm Mutual Auto Insurance Company. Plaintiff Brewington stated in her complaint that State Farm breached an insurance policy when it denied a negligent infliction of emotional distress claim that she brought against them. State Farm's attorneys argued that "bodily injury" and "emotional distress" are two separate things, and that emotional distress was not covered under this clause of the policy. This lawsuit arose after the policy holder witnessed the death of her husband on the highway. They were riding their motorcycles when a…
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