Barbara J. Dornfeld v. Scott Lee Oberg

1. A person who is in the zone of danger of physical injury and suffers severe emotional distress as the result of contemporaneous observation of the death of an immediate family member may recover damages for intentional or reckless infliction of such distress. 2. Because underinsured motorist benefits are treated as a substitute liability policy for the underinsured motorist, coverage does not exist for conduct of the motorist which offends an intentional acts exclusion in an automobile liability policy. Under this standard of law, the insured is entitled to benefits for injuries sustained through reckless conduct of the underinsured motorist.