A restaurant was hosting a funeral lunch. During the lunch, a gunman entered and shot an individual who was not related to the funeral reception, but who was in eyeshot of lots of the patrons and children. The victim survived & the gunman fled.
Notable Timestamps
[ 00:24 ] - The insured restaurant has a CGL policy and sought coverage after a group of the patrons filed a lawsuit against the restaurant alleging emotional distress
[ 01:50 ] - The coverage crew discuss The Godfather and their favorite mob movies.
[ 02:45 ] - Bodily Injury under the CGL policy is usually defined as "sickness or disease sustained by a person, including death, resulting from any of these at any time."
[ 04:50 ] - "O-H..." In Ohio, the case law is clear-cut: emotional distress does not qualify as bodily injury. Not even if a murder happens at a funeral.
[ 07:15 ] - If ulcers or other symptoms arise after an upsetting scene, that would greatly increase the likelihood of the claim being considered "bodily injury."
[ 08:20 ] - "...I-O" 31 states follow Ohio's lead.
[ 09:30 ] - A California court found that "dry mouth" established bodily injury. How about embarrassment? High blood pressure? Case law can be found for many types of "bodily injury."
[ 12:00 ] - If the gunman made physical contact with a bystander, that is a factor courts look to that could strengthen the case for bodily injury.
[ 13:25 ] - A scenario where a claimant alleges their alcoholism was caused by his termination from a job presents a gray area, though the little case law available suggests psychological or psychiatric trauma may be too attenuated from the loss.
[ 15:05 ] - Sleeplessness qualified as bodily injury in a New Hampshire case, and did not qualify in a New Jersey case. Seattle courts are still undecided.
[ 16:55 ] - "Fuzzy" is a technical legal term.
[ 17:25 ] - Michele provides a recap of the scenario and the points above.
Your PLRB Resources
CGL's bodily injury definition, see PLRB Commercial General Liability Policy Annotations / GL7 – Bodily Injury Defined: https://www.plrb.org/documents/gl7-bodily-injury-defined/#_Ohio
Coverage Reply, Is Emotional Distress a Bodily Injury? https://www.plrb.org/documents/is-emotional-distress-a-bodily-injury-in-ohio-cq2024-11-25fjg/?search=bodily%20injury
Coverage Reply, Would Negligent Infliction of Emotional Distress Be Covered under a CGL Policy? https://www.plrb.org/documents/would-negligent-infliction-of-emotional-distress-be-covered-under-a-massachusetts-cgl-policy-2022-01-06/?search=bodily%20injury%20emotional
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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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