Pennsylvania Superior Court Rules Emotional Stress Is Distinct Bodily Injury Under Auto Insurance Policy In A Personal Injury Case

Date: September 27, 2011
Posted In: DLP Law
Tagged:

             The Pennsylvania Superior Court has recently ruled that the emotional distress from witnessing a family member killed by an automobile is a distinct bodily injury and is covered under an automobile insurance policy in a Personal .  In Lipsky v. State Farm Mutual Automobile Insurance Co.,  the Court held that emotional distress fell under the policy definition of “bodily injury,” even though there was no physical injury. The Superior Court ruled that the definition of the term “bodily injury” was not ambiguous. Rather, the term was broad enough to include emotional harm without physical injury.

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.