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Contracts Keyed to Barnett
CNA American Casualty Company and Arlyn Phoenix
Citation:
678 So. 2d 378 (Fla. Dist. Ct. App. 1996)Facts
Arlyn Phoenix, the mother of actor River Phoenix, witnessed her son’s death outside the Viper Room nightclub in West Hollywood. She subsequently filed a lawsuit against the nightclub for negligent infliction of emotional distress. The nightclub had a commercial general liability insurance policy issued by CNA American Casualty Company. The policy defined “bodily injury” as “bodily injury, sickness or disease” but explicitly stated that bodily injury does not include “emotional distress, mental anguish, humiliation, mental distress, mental injury, or any similar injury unless it arises out of physical injury to some person.” CNA denied coverage for Phoenix’s claim based on this exclusion, arguing that her emotional distress did not arise from any physical injury to her.
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