Then, without the claimant's permission or knowledge, the insured cremated the body. Claimant was opposed to cremation and believes that her partner would not have wanted to be cremated. The insured then released the ashes to his estranged mother who took the remains with her to another state. This was done without the consent or knowledge of the claimant.

The claimant has filed a lawsuit and is seeking compensation for emotional distress plus punitive damages. Would this be considered an occurrence under the CGL form?

California Subscriber

This sounds like a questionable case of liability on the part of the insured. We do not know the law in this area but it seems that the parents have the legal right to dispose of the son's remains and the insured was just following the proper instructions, but you would have to check with an attorney on this to see what the law in that area is when it comes to the status of common law couples.

In any case, if the insured is liable, emotional distress is not covered by the CGL form. There has to be bodily injury or property damage. As for an occurrence, that has to be considered from the standpoint of the insured. So, if the insured made a mistake and followed the wrong instructions, that is an accident and therefore an occurrence.