Awaiting argument at the Pennsylvania Supreme Court, Kramer v. Nationwide's outcome will be of great interest to attorneys across Pennsylvania, as the outcome could shed light on the question of whether emotional distress is covered as a bodily injury under automobile insurance policies and the Motor Vehicle Financial Responsibility Law (MVFRL).

In Kramer, 271 A.3d 431 (Pa. Super. Ct. 2021), the insured's son invited another man to the insured's home while the policyholders were away from the residence. While at the residence, the insured's son provided the other man with drugs that ultimately were deemed to have caused his death. Allegedly, the son was widely known for his sale and use of controlled substances. The deceased's mother filed a wrongful death and survival action against the son for his alleged negligence in providing the drugs to the deceased. The deceased's mother also filed suit against the parents for their alleged negligence in allowing their son to use the house in a manner that facilitated the death of her son. The wrongful death action brought by the deceased's mother sought damages for bodily injury, as well as damages that are rooted in emotional distress, mental distress or injury or any similar injury.