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Lavanant v. General Accident Insurance Co. of America

595 N.E.2d 819 (1992)

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Lavanant v. General Accident Insurance Co. of America

New York Court of Appeals
595 N.E.2d 819 (1992)

RW

Facts

General Accident Insurance Company of America (General Accident) (defendant) issued a commercial general liability (CGL) policy that insured Suzanne Lavanant (plaintiff) against liability for property damage or bodily injury, which the policy defined as including sickness or disease. When the ceiling of an apartment owned by Lavanant collapsed, the tenants were not physically injured, but they filed a claim for the emotional distress they suffered as a result of the incident. General Accident refused to defend or indemnify Lavanant on the grounds that emotional distress, without physical injury or contact, did not constitute bodily injury within the meaning of Lavanant’s policy. Lavanant settled the tenants’ claim herself and then sued General Accident for indemnification and to recover her attorney’s fees. Both the trial court and an intermediate appellate court ruled in Lavanant’s favor. General Accident appealed to the New York Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Kaye, J.)

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