Trinity Universal Insurance Co. v. Cowan

We decide in this case the meaning of two terms commonly used in insurance policies. First, we decide whether mental anguish alone is a “bodily injury” under a standard homeowners’ insurance policy defining “bodily injury” as “bodily harm, sickness or disease.” We conclude that, absent an allegation of physical manifestation of mental anguish, a claim of mental anguish is not a “bodily injury” as defined in the policy for purposes of invoking the duty to defend. Second, we decide whether an insured’s intentional tort that results in unintended injuries is an “accident,” and thus an…