 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
American Manufacturers Mutual Insurance Co. v. Morgan12/4/2001
96-97 PCL Endorsement policy defines "personal injury" differently from the 95-96 policy. "Personal injury" and "bodily injury" were separated in the definition section.
`Bodily injury ' means:
Bodily harm, sickness, disease, death or disability, including shock mental anguish and mental injury arising therefrom. (emphasis supplied)
`Personal injury ' means injury arising out of one or more of the following offenses:
a) False arrest, detention or imprisonment, or malicious prosecution;
b) Libel, slander or defamation of character, or
c) Invasion of privacy, wrongful eviction or wrongful entry.
Defendant has failed to allege any injury arising out of any one of the offenses listed under "personal injury." With respect to "bodily injury," the trial court found that "Martha['s] . . . alleged humiliation, mental anguish and injuries to her feelings and her health, as alleged . . . and the claims for alienation of affection and criminal conversation . . . do not present claims for `bodily injury' as that term is defined . . . in the [96-97 PCL Endorsement]."
A careful review of the entire record shows competent evidence to support the trial court's finding of fact. This finding supports the trial court's conclusion of law that plaintiffs had no duty to defend or indemnify under the 96-97 PCL Endorsement.
V. Summary
We hold that plaintiffs did not have a duty to defend or indemnify defendant under defendant's homeowner's policy, or under either PCL Endorsement policies. In view of our holding, it is unnecessary to consider the parties' other arguments concerning various policy "exclusions."
The judgment of the trial court is affirmed.
Affirmed.
Judges MARTIN and WALKER concur.
|