Emma's cousin Mark moved to the big city and left his horse at Emma's ranch. For five years, she took care of the horse like it was one of her own. One day Mark took offense at one of Emma's social media posts, and quietly removed the horse without her knowledge, believing he was the rightful owner. Emma was devastated and sued Mark, alleging emotional distress, mental pain and suffering, and loss of consortium. Mark's insurer denied his defense on the basis that no bodily injury was claimed.

Notable Timestamps

[ 00:00:33 ] - The scenario involves a woman who sued her cousin for emotional distress and mental suffering after he quietly removed his horse from her ranch.

[ 00:04:37 ] - At this stage of litigation, the focus is not on whether the cousin owes damages, but strictly whether his insurance owes him a legal defense.

[ 00:07:29 ] - The plaintiff's complaint relies entirely on emotional damages like loss of consortium and mental pain, notably lacking standard liability allegations like property damage.

[ 00:08:57 ] - The defining legal question is whether pure mental pain and emotional distress can satisfy the standard insurance definition of a bodily injury, sickness, or disease.

[ 00:12:11 ] - In jurisdictions following the majority rule, such as Ohio, courts have established that pure emotional distress or PTSD without physical harm does not equal bodily injury.

[ 00:15:56 ] - Alternatively, courts in minority rule states like New York view emotional trauma as potentially equal to physical injury because they find standard policy language ambiguous.

[ 00:18:28 ] - To satisfy the bodily injury requirement in a majority state, the plaintiff must usually demonstrate physical manifestations of their distress, such as headaches or nausea.

[ 00:23:14 ] - Insurance professionals can utilize PLRB.org's 50-State Surveys on emotional distress as a convenient tool to quickly check the controlling case law and rules within specific states.

Your PLRB Resources

50-State Survey - Emotional Distress as Bodily Injury https://members.plrb.org/documents/50-state-survey-introduction-emotional-distress-as-bodily-injury

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The views and opinions expressed in this resource are those of the individual speaker and not necessarily those of the Property & Liability Resource Bureau (PLRB), its membership, or any organization with which the presenter is employed or affiliated. The information, ideas, and opinions are presented as information only and not as legal advice or offers of representation. Individual policy language and state laws vary, and listeners should rely on guidance from their companies and counsel as appropriate.

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