Emotional Distress Coverage under the CGL Form

Is emotional distress covered by the CGL policy?

Texas Subscriber

In the majority of jurisdictions, the standard CGL form's definition of “bodily injury” does not include purely emotional or mental injuries pursuant to the plain, unambiguous language of the policy. Therefore, most jurisdictions require physical injury in order for liability to attach for emotional distress damages.

However, a few jurisdictions hold that a policy defining “bodily injury” as “bodily injury, sickness or disease” provides coverage for purely emotional injury. Those states construe the definition to include mental anguish either by finding the policy to be ambiguous or finding that “sickness or disease” encompasses mental injury.

So, whether emotional distress would be covered by the CGL form depends a lot on the jurisdiction interpreting the definition of bodily injury. You should contact an attorney familiar with the laws in your jurisdiction for a more specific response to your inquiry.