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Date ___________________
__________________________
__________________________
__________________________
Insureds Name and Address
Re:
1.
2.
Loss of tangible property that has not been physically injured if caused by
an occurrence.
Advertising injury means injury arising out of one or more of the
following offenses:
1.
2.
3.
4.
There are no accusations that come within the definition of Personal Injury. Allegations
of mental anguish clearly come within the definition of Bodily Injury. However, the
remainder of the allegations do not appear to allege Property Injury or Advertising injury
as defined in the Policy.
The definition of Occurrence is an accident, including continuous or repeated
exposure to substantially the same general harmful conditions that results in Bodily
Injury or Property Damage that is not intended or expected by the Insured. Many of the
allegations of the Petition allege actions on the part of __________________________
(names) that are intentional in result, such as fraud, breach of fiduciary duties and
misrepresentations, which would not be an Occurrence, as well as allegations of
negligence, which may be an Occurrence.
The Amended Petition alleges that (describe or quote allegations in point) _______
______________________________________________________________________
_____________________________________________________________________.
There is clearly a question of when the Bodily Injury, Property Damage or Advertising
Injury occurred, and to which policy period it should be attributed.
The Petition alleges that the Plaintiffs who are natural persons suffered damages as a
result of mental anguish, which is included in the definition of Bodily Injury. This is
alleged to have been caused by the negligent infliction of emotional distress as well as
the intentional infliction of emotional distress. If it is found to be result of intentional acts,
there may be no coverage under the policy for damages awarded as it is not the result
of an Occurrence.
Damages prayed for in the Petition by all Plaintiffs include compensatory damages,
statutory damages, punitive damages, and attorneys fees as well as interest and costs.
These damages could exceed the polity limit of the policy of ______________________
(Name) Insurance Company. You may have already notified those carriers carrying
liability insurance in excess of this coverage. If not, you should do so at this time.
There are a number of coverage issues raised by the Petition filed by ______________
_________________________________ (names of Plaintiffs), and as a result, and on
behalf of _________________________ (Name) Insurance Company, we reserve any
and all rights under the Policy to investigate the loss and to make a determination as to
coverage when all the necessary findings and facts are available. This action is not to
waive any of these rights under the Policy. Should you have any additional information
that may be helpful in making these determinations, we ask that you make it available.
Yours truly,
_________________________