Abouzaid v. Mansard Gardens Associates, LLC

The question presented on this appeal is whether a Portee 1 claim that does not allege physical sequelae triggers the duty to defend under a “bodily injury” provision in a commercial general liability insurance policy. In Voorhees v. Preferred Mutual Insurance Co., 128 N.J. 165, 607 A.2d 1255 (1992), we held that a “bodily injury” provision affords coverage for an emotional distress claim accompanied by physical manifestations. Id. at 169, 607 A.2d 1255. We also required the insurer to defend the complaint for emotional distress, which did not allege physical injury, at least until physical…