Insurance: Negligent Infliction of Emotional Distress

Geoff Trachtenberg

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Negligent infliction of emotional distress claims often arise where someone who is in the "zone of danger," i.e., subject to being injured, and they witness a family member's injury or death. Like most serious injury claims, limited insurance can present a barrier to recovery. Recently, however, the Arizona Court of Appeals held that a negligent infliction of emotional distress claim is subject to the aggregate limit on a liability policy, not the "each person" limit, mainly because it is a non-derivative, independent injury.