Legal Opinion
Lavanant v. General Accident Insurance Co. of America
New York Court of Appeals
Decided June 4, 1992PublishedCited by 89 opinions
1Opinion of the Court
OPINION OF THE COURT
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 and managing agent of a four-story brownstone located on East 24th Street in Manhattan. The property was insured under two policies. The first, a comprehensive general liability policy…
2Cases cited17 opinions
- In re Accounting of Lincoln Rochester Trust Co.New York Court of Appeals · 1974
- Eastern Airlines, Inc. v. FloydSupreme Court of the United States · 1991
- State v. Home Indemnity Co.New York Court of Appeals · 1985
- Battalla v. StateNew York Court of Appeals · 1961
- United States Fidelity & Guaranty Co. v. AnnunziataNew York Court of Appeals · 1986
12 more not listed; retrieve them via the Exa API.
3Cited by89 opinions
- Trinity Universal Insurance Co. v. CowanTexas Supreme Court · 1997
- Jerry Garrison v. Rita BickfordTennessee Supreme Court · 2012
- First Investors Corp. v. Liberty Mutual InsuranceCourt of Appeals for the Second Circuit · 1998
- Chatton v. National Union Fire InsuranceCalifornia Court of Appeal · 1992
- First Investors Corporation v. Liberty Mutual Insurance CompanyCourt of Appeals for the First Circuit · 1998
84 more not listed; retrieve them via the Exa API.