When Does Liability Coverage Exist for Mental Anguish without Bodily Injury?
November 2006 Mental anguish is typically not covered under primary CGL policies because it is not included within the policy definition of “bodily injury.” However, despite the clear language of the policy, some states include mental anguish within the standard Insurance Services Office, Inc. (ISO), definition of bodily injury providing coverage for those damages. by R. Steven Rawls and Rebecca Appelbaum Butler Pappas Weihmuller Katz Craig, LLP Additionally, excess and umbrella policies often define “bodily injury” differently than primary policies and include “mental anguish, shock, humiliation, or mental injury” within the definition of bodily injury. Some excess or umbrella policies also include drop-down obligations where the primary policy does not provide coverage, thus requiring the excess policy to provide primary coverage for mental anguish.
