Legal Opinion

Lavanant v. General Accident Insurance of America

Appellate Division of the Supreme Court of the State of New York

Decided October 30, 1990PublishedCited by 29 opinions

1Opinion of the Court

OPINION OF THE COURT

Sullivan, J.

This appeal presents the issue of whether a liability insurance policy providing indemnity for damages incurred as a result of "bodily injury”—defined as "bodily injury, sickness or disease”—provides coverage for emotional distress suffered as a result of the insured’s negligence but without any physical contact. We hold that it does.

Plaintiffs Lavanant and Brittany Management Corp., the owner and managing agent, respectively, of a brownstone located at 134 East 24th Street in New York City, were, with respect to such premises, insured under two policies, one,…

2Cases cited18 opinions

  1. Lewis v. Ocean Accident & Guarantee Corp.New York Court of Appeals · 1918
  2. Silverstein v. Metropolitan Life InsuranceNew York Court of Appeals · 1930
  3. Messersmith v. . American Fidelity Co.New York Court of Appeals · 1921
  4. Board of Education v. Sargent, Webster, Crenshaw & FolleyNew York Court of Appeals · 1987
  5. United States Fidelity & Guaranty Co. v. AnnunziataNew York Court of Appeals · 1986

13 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Lavanant v. General Accident Insurance Co. of AmericaNew York Court of Appeals · 1992
  2. Wayne Township Board of School Commissioners v. Indiana Insurance Co.Indiana Court of Appeals · 1995
  3. Aim Insurance Co. v. CulcasiCalifornia Court of Appeal · 1991
  4. First Insurance Co. of Hawai'i v. LawrenceHawaii Supreme Court · 1994
  5. Armstrong v. Federated Mutual Insurance Co.Indiana Court of Appeals · 2003

24 more not listed; retrieve them via the Exa API.

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