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VOORHEES v. PREFERRED MUT. INS. CO.

246 N.J. Super. 564 (1991)

588 A.2d 417

EILEEN VOORHEES, PLAINTIFF-APPELLANT, v. PREFERRED MUTUAL INSURANCE CO., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 20, 1991.

Attorney(s) appearing for the Case

Francis X. Garrity argued the cause for appellant (Garrity, Fitzpatrick, Graham, Hawkins & Favetta, attorneys; Francis X. Garrity of counsel; Rudolph G. Morabito on the brief).

Anthony P. Pasquarelli argued the cause for respondent (Methfessel & Werbel, attorneys; Anthony Pasquarelli on the brief).

Before Judges PRESSLER, DEIGHAN and BAIME.

The opinion of the court was delivered by BAIME, J.A.D.

This appeal presents novel questions concerning an insurer's duty to defend its insured. The principal issue is whether a complaint alleging that the insured committed the torts of outrage and negligent infliction of emotional distress resulting in mental anguish to the claimant creates a duty to defend under the comprehensive general liability coverage of a homeowner's insurance policy. An ancillary question...

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