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Drake v. Mutual of Enumclaw Insurance Company5/24/2000
inflict emotional distress on her--in other words, that plaintiffs either desired to inflict emotional distress or that they knew that such distress was certain or substantially certain to result from their conduct. See McGanty v. Staudenraus, 321 Or 532, 550-51, 901 P2d 841 (1995). As noted, harm is caused intentionally within the meaning of an insurance policy in the same way. Fox, 327 Or at 514; Snyder, 278 Or at 413.
Although Connell did not expressly allege that plaintiffs intended to inflict emotional distress on her, based on the nature of the claims for which those damages were sought, it must be inferred that plaintiffs so intended. See Nielsen, 283 Or App at 281; Hornbuckle v. Harris, 69 Or App 272, 274, 686 P2d 418 (1984) (in determining whether complaint alleges facts sufficient to state a claim, courts are guided by ORCP 12 A, which requires that pleadings be construed with a view of substantial justice). Thus, Connell's claims for emotional distress damages did not result from an "occurrence." The fact that the breach of fiduciary duty claim does, in part, allege an occurrence--plaintiffs' alleged imprudent investing--does not assist plaintiffs, because that occurrence did not cause cognizable emotional distress damages.
In conclusion, defendant had no duty to defend plaintiffs against the Connell complaint, because none of Connell's claims alleged a personal injury or property damage that was the result of an occurrence. Therefore, the trial court did not err in granting summary judgment to defendant.
Affirmed.
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