context: More is exigible. Maine (unlike many other jurisdictions) does not recognize a cause of action in tort for an unembellished bad-faith breach of an insurance policy. Thus, when a plaintiff premises a claim for intentional infliction of emotional distress on an insurer-insured relationship, the plaintiff-insured must demonstrate that the defendant-insurer caused some harm apart from the withholding of the payments called for by the policy.
citation_a.signal: see also
citation_a.identifier: 628 A.2d 644, 651
citation_a.parenthetical: explaining that the insured must show, for example, that the plaintiff "suffered some accompanying physical injury, or, the contract was such that a breach of it will result in a serious emotional disturbance"
citation_a.sentence: See Colford, 687 A.2d at 616 (explaining that, to maintain such an action against a disability insurer, the insured must demonstrate that the Company’s actions “arose independently of its denial of the disability claim”); see also Marquis v. Farm Family Mut. Ins. Co., 628 A.2d 644, 651 (Me.1993) (explaining that the insured must show, for example, that the plaintiff “suffered some accompanying physical injury, or, the contract was such that a breach of it will result in a serious emotional disturbance”).
citation_b.signal: see
citation_b.identifier: 687 A.2d 616, 616
citation_b.parenthetical: explaining that, to maintain such an action against a disability insurer, the insured must demonstrate that the Company's actions "arose independently of its denial of the disability claim"
citation_b.sentence: See Colford, 687 A.2d at 616 (explaining that, to maintain such an action against a disability insurer, the insured must demonstrate that the Company’s actions “arose independently of its denial of the disability claim”); see also Marquis v. Farm Family Mut. Ins. Co., 628 A.2d 644, 651 (Me.1993) (explaining that the insured must show, for example, that the plaintiff “suffered some accompanying physical injury, or, the contract was such that a breach of it will result in a serious emotional disturbance”).