Voorhees v. Preferred Mut. Ins. Co., 128 N.J. 165, 607 A.2d 1255, 75 Ed. Law Rep. 347, 8 A.L.R.5th 937 (1992)
Practice Areas: First Party, Insurance Coverage and Bad Faith
Insured brought suit against homeowner’s insurer for breach of its duty to defend under comprehensive general liability coverage of homeowner’s policy. The Superior Court, Law Division, Union County, entered summary judgment in insurer’s favor, and insured appealed. The Superior Court, Appellate Division, 246 N.J.Super. 564, 588 A.2d 417, Baime, J.A.D., reversed and remanded, and insurer appealed. The Supreme Court, Garibaldi, J., held that insurer had duty to defend to determine whether the homeowner’s policy would cover liability for emotional distress accompanied by physical manifestations.