Kittredge v. Metropolitan Life Insurance Co.

ON MOTION FOR REHEARING AND CLARIFICATION

We grant appellee’s motion for rehearing and clarification1 and substitute the following opinion for our February 6, 1991 opinion:

Appellant Kathy Kittredge seeks review of the trial court’s order which granted appellee Metropolitan Life Insurance Company’s motion to dismiss Count V of her amended complaint for failure to state a cause of action.

We reverse. Count V read, in part, that (1) appellee “recommended” that appellant go to a Dr. Stern for a life insurance examination, (2) appellee “knew or should have known” that Dr. Stern had assaulted other…