6-21-11 Magdy Abouzaid, et al. v. Mansard Gardens Associates, LLC, et al. (A-5-10; 066223)
Because a plaintiff’s claim for negligent infliction of emotional distress under Portee v. Jaffee, 84 N.J. 88 (1980), may involve physical sequelae and, therefore, is potentially covered by a “bodily injury” provision of a defendant’s commercial general liability insurance policy, the burden of defense must be borne by the insurer until the question of physical injury clearly drops out of the case.
