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Heacker v. Safeco Insurance Company of America | 676 F.3d 724 (2012)
Generally, insurance policies cover bodily injury. In Heacker versus Safeco Insurance Company, we consider whether bodily injury also covers emotional injury.
From two thousand-five until about twenty-ten, Jessica Wright harassed Lewis Heacker. Wright hacked into Heacker’s voicemail and online accounts and sent defamatory letters, emails, phone calls, and texts. Wright’s actions caused Heacker to suffer emotional distress, leading to post-traumatic stress disorder and alcoholism.
Heacker sued Wright for, among other things, negligent infliction of emotional distress, defamation, and invasion of privacy. Heacker obtained a seven point three million dollar judgment against Wright.
To satisfy the judgment, Heacker brought an equitable-garnishment action against Wright and her insurance providers, including Safeco Insurance Company and Nationwide Insurance Company. Wright had a homeowner’s policy through Nationwide covering bodily injury and an umbrella policy for personal injury. The homeowner’s policy defined bodily injury as bodily harm, sickness, and disease. The umbrella policy covered personal injury arising from defamation or privacy violations but excluded coverage for personal injury arising from mental abuse. Heacker argued that these policies covered the post-traumatic stress disorder and alcoholism he developed as a result of Wright’s infliction of emotional distress.
Nationwide moved for summary judgment. The court determined that the homeowner’s policy didn’t cover post-traumatic stress disorder or alcoholism because those injuries were emotional in nature, not bodily. Similarly, the court found that the umbrella policy excluded coverage because Heacker’s injuries were caused by mental abuse. Accordingly, the court granted summary judgment for Nationwide. Heacker appealed to the Eighth Circuit.
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