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American Indemnity Co. v. Foy Trailer Rentals11/28/2000
ing in the context, includes disease of the mind as well as disease of the body.
But, in the policy here involved, the word "disease" is "restricted" by the word "bodily"; and grammatically, the word "bodily" modifies "disease", as well as "injury"; and manifestly it was inserted for the purpose of excluding mental disease.
The adjective "bodily" means "of or pertaining to the body, in distinction from the mind." Id. at 1115 (emphasis in original) (internal quotations and citations omitted).
Based on the foregoing case law, we must agree with American Indemnity Company's position that Ms. Johnson's complaint did not allege any "bodily injury " as contemplated by the policy, and thus, "Coverage A." of the policy does not apply.
American Indemnity Company contends that the following two exclusions would apply if coverage was found under the policy. The "Expected or Intended Injury " exclusion exempted from coverage "` odily injury' or `property damage' expected or intended from the standpoint of the insured." The "Employer's Liability" exclusion exempted "`Bodily injury' to: (1) An `employee' of the insured arising out of and in the course of: (a) Employment by the insured; or (2) Performing duties related to the conduct of the insured's business[.]" However, because this court finds that the Appellants were not covered under "Coverage A." of the CGL policy, it is unnecessary for this court to address the exclusions to "Coverage A."
Appellants contend that they are also covered by "Coverage B." of the CGL policy for personal injury liability. In "Coverage B." of the policy issued to Foy, the insuring agreement states as follows:
COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal injury " or "advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal injury" or "advertising injury" to which this insurance does not apply. . . .
b. This insurance applies to:
(1) "Personal injury " caused by an offense arising out of your business, excluding advertising, publishing, broadcasting or telecasting done by or for you[.]
"Personal injury " was defined as "injury, other than `bodily injury', arising out of one or more of the following offenses: . . . d. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services[.]" Personal injury " rising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity" or " rising out of the willful violation of a penal statute or ordinance committed by or with the consent of the insured" was excluded from coverage. Accordingly, American Indemnity Company's policy provides the Appellants with coverage for personal injury arising out of Foy's business, including slander or libel, but the policy notably excludes from coverage any personal injury due to slander or libel committed with knowledge of its falsity or willfully committed in violation of a statute or ordinance prohibiting such conduct.
To fully understand what was intended as "personal injury" under the American Indemnity Company's policy, it is essential to understand what is meant by the phrase "arising out of." In the case of Anderson v. Save-A-Lot, Ltd., 989 S.W.2d 277 (Tenn. 1999), the Tennessee Supr
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