Last week, the District Court for the Central District of California granted a Consolidated Motion to Dismiss filed by Princess Cruise Lines (Princess Cruises) all thirteen cases filed by cruise ship passengers suing for emotional distress stemming from the COVID-19 outbreak on the Grand Princess cruise ship, due to the plaintiff's failure to prove that they were in the "zone of danger" sufficiently to warrant a claim for emotional distress. The initial case that was filed is Weissberger v. Princess Cruise Lines LtdNo. 2:20-CV-02267-RGK-SK.

The Grand Princess, heading for Hawaii, originally departed from San Fransisco on February 21, 2020, with 2,422 passengers and 1,111 crew members on board. Two weeks after the launch, forty-six individuals on the cruise were tested, and twenty-one of those people tested positive. Three days later, while still on the ship, two passengers filed a lawsuit against Princess Cruises alleging negligence and gross negligence for failing to take necessary precautions and employ proper screening protocols to keep its passengers and crew safe and healthy. The couple, Ronald and Eva Weissberger, did not test positive for COVID-19, nor did they suffer any COVID symptoms.

The suit sought recovery for emotional distress based on their fear of contracting the virus while they were quarantined on the ship. The couple sought more than $1 million for putting their health at risk and causing the trauma. Soon after the initial suit was filed, several other suits with similar claims were filed against Princess Cruises. The Court dubbed the cases the "Fear Cases" because the suits all involved plaintiffs who did not test positive or manifest any COVID symptoms but sought to recover solely based on a fear of contracting the virus while on the cruise.

This premium content is locked for FC&S Coverage Interpretation Subscribers

Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.

  • Quality content from industry experts with over 60 years insurance experience, combined
  • Customizable alerts of changes in relevant policies and trends
  • Search and navigate Q&As to find answers to your specific questions
  • Filter by article, discussion, analysis and more to find the exact information you’re looking for
  • Continually updated to bring you the latest reports, trending topics, and coverage analysis