Court limits recovery.The Connecticut Supreme Court The Connecticut Supreme Court, formerly known as the Connecticut Supreme Court of Errors, is the highest court in the U.S. state of Connecticut. It consists of a Chief Justice and six Associate Justices. has determined that when a bystander's emotional distress emotional distress n. an increasingly popular basis for a claim of damages in lawsuits for injury due to the negligence or intentional acts of another. Originally damages for emotional distress were only awardable in conjunction with damages for actual physical harm. is the result of witnessing the bodily injury of a third party, the only available recovery would be under the third party's per-person bodily injury limits as defined in the insurance policy. "The Court chose to adopt a reasonable approach and limit recovery by relying on the language of the insurance policy," said Gerald L. Zimmerman, assistant vice president and regional manager for the Property Casualty Insurance Association of America. The original case, Galgano vs. Metropolitan Property & Casualty Insurance Co., involved a father and son who were both injured in·jure tr.v. in·jured, in·jur·ing, in·jures 1. To cause physical harm to; hurt. 2. To cause damage to; impair. 3. when an uninsured driver struck their motorcycle motorcycle, motor vehicle whose design is based on the bicycle. The German inventor Gottlieb Daimler is generally credited with building the first practical motorcycle in 1885. The motorcycle did not become dependable and popular, however, until after 1900. . The father claimed he suffered emotional distress from witnessing his son being injured and attempted to claim benefits for emotional distress under his uninsured motorist coverage. The insurer An individual or company who, through a contractual agreement, undertakes to compensate specified losses, liability, or damages incurred by another individual. An insurer is frequently an insurance company and is also known as an underwriter. denied the father's claims because the policy limit had already been paid to the son for the injuries he sustained. |
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