Mental Injury Not Resulting from Bodily Injury, Sickness or Disease Is Not Covered

GENERAL LIABILITY – "BODILY INJURY" – MENTAL INJURY Incorporated Village of Old Westbury v. American Alternative Ins. Co.(2nd Cir., 2/8/2018)Those who have attended my law firm's New York Coverage seminars over the years have heard me preach that every coverage analysis starts with the policy or, more particularly, reading and re-reading the policy.The plaintiff in this case sought indemnification coverage under its general liability policy with the defendant insurer for claims of purely mental injury.  The GL policy at issue defined "bodily injury" as:"Bodily injury" means bodily injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death resulting from bodily injury, sickness or disease.The insured argued that the district court had erred in granting summary judgment to the defendant insurer by failing to apply Lavanant v. General Accident Insurance Co. of…

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