The Pennsylvania Superior Court has ruled emotional distress from witnessing a family member killed by a car is a distinct bodily injury covered by an automobile insurance policy. The court ruled it fell under the policy definition of “bodily injury,” even though there was no physical injury.
The split three-judge panel also ruled that the two brothers and the father of the victim each had their own bodily injury claim for a potential maximum of $100,000 rather than having a single claim based on victim Benjamin Lipsky’s injuries.
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