Kibbee v. State Farm Fire & Casualty Co.

TERNUS, Justice.

In this case we decide whether a liability policy affords coverage for damages recovered under a theory of intentional infliction of emotional distress. We conclude, as did the district court, that it does not. Therefore, we affirm.

I. Background Facts and Proceedings.

In a prior lawsuit plaintiff, Rick Kibbee, recovered substantial damages from Ellen and Albert Cram. The jury awarded these damages under theories of fraudulent misrepresentation and intentional infliction of emotional distress.

At the time of the tortious acts giving rise to the Crams’ liability, they were insured…