In State Farm Fire v. Dawson, Dawson was sued for negligence and privacy violations after receiving inappropriate photos of an under aged student. Dawson wanted State Farm to pay his defense and any judgment.  But State Farm claimed there was no physical injury to tangible property and no bodily injury such that the policy did not cover the claim.  The trial court agreed with State Farm, and granted State Farm summary judgment.  The Tenth Circuit affirmed.

The policy only provided coverage “If a claim is made or a suit is brought against an insured for damages because of bodily injury or property damage to which this coverage applies, caused by an occurrence. . .”

“bodily injury” is defined as “physical injury, sickness, or disease to a person. . . .”  Importantly, for our purposes, the definition continues, stating that bodily injury does not include “emotional distress, mental anguish, humiliation, mental distress, mental injury, or any similar injury unless it arises out of actual physical injury to some person.” And “property damage” is defined by the Policy as “physical damage to or destruction of tangible property, including loss of use of this property. . . .”

Since there was no evidence of either bodily injury or property damage, summary judgment was affirmed.