WebJul 12, 2011 · On June 24, 2011, the Supreme Court of New Jersey broadened the defense obligation for Portee emotional distress claims under the "bodily injury" provisions of commercial general liability policies. Portee claims, named after the 1980 Portee v. Jaffe case, may be brought by close family members who witnessed the death or severe injury … WebAbouzaid involved an underlying claim of negligent infliction of emotional distress from a mother who witnessed a burning building with her two children inside, also known as a " Portee claim" after the case Portee v. Jaffee, 84 N.J. 88 (1980) or a "zone of danger" claim.

New NJ Supreme Court Rulings May Alter Duty to Defend

WebOct 31, 2016 · As for the statute of limitations issue, the court determined that a Portee claim was a separate cause of action and not derivative of the underlying personal injury … WebJul 31, 2012 · Evolution of a bystander's emotional distress claim culminated in Portee, which sets forth the four elements for a bystander's emotional distress claim in New … philippines halloween

Product Liability & Toxic Torts

WebA civil conspiracy claim requires a showing of a combination of two or more persons acting in concert to commit an unlawful act, or to commit a lawful act by unlawful means, the principal element of which is an agreement between the parties to inflict a wrong against or injury upon another, and an overt act that results in damage. WebPortee brought a claim for negligent infliction of emotional distress against Jaffee, the owner of the building where her son died, and the companies involved in the design and … WebUnder New Jersey law, purely emotional distress does not amount to “bodily injury” for CGL purposes. The Supreme Court nonetheless held that a complaint alleging a Portee claim must be read broadly in favor of coverage and that emotional distress cases often involve physical symptoms that surface during discovery. philippines hard rock cafe