## Facts

- Antonio Dominguez bought a disability-income policy providing $500 per month if he became totally disabled.
- Dominguez suffered catastrophic injuries in an automobile accident, including severe eye trauma and brain damage, and was determined permanently disabled.
- After paying benefits for years, the insurer’s representative visited Dominguez at home and allegedly falsely stated the insurer had received a doctor’s letter saying Dominguez’s eyes functioned properly and he was no longer disabled.
- The representative allegedly told Dominguez he was no longer covered and attempted to induce him to sign a document releasing the insurer from further payments, allegedly knowing the representation was false and acting to terminate benefits.
- A relative intervened and prevented Dominguez from signing, but the insurer allegedly stopped paying benefits shortly thereafter.
- Dominguez sued the insurer, an adjusting company, and the representative; one count sought damages for severe emotional distress caused by alleged outrageous conduct, without tying the claim to another independent tort.

## Issues

1. Whether Florida recognizes a cause of action for intentional infliction of emotional distress (described as “outrageous conduct causing severe emotional distress”) even when not connected to another independently actionable tort.
2. Whether the allegations—taken as true on a motion to dismiss—adequately plead the elements of that tort.

## Decision

- The appellate court reversed the dismissal with prejudice of the emotional-distress count and remanded.
- The court held Florida recognizes an independent tort for “outrageous conduct causing severe emotional distress,” actionable even if unconnected to any other actionable wrong.
- The court held the complaint’s allegations were sufficient at the pleading stage to state the claim.

## Legal Principles

- The tort requires: (1) intentional or reckless conduct (the defendant intended the conduct and knew or should have known distress was likely), (2) outrageous conduct beyond all bounds of decency and utterly intolerable in a civilized community, (3) causation, and (4) severe emotional distress.
- The defendant need not specifically intend to cause severe emotional distress; intent to engage in the conduct, with knowledge (actual or constructive) of likely distress, is sufficient.
- Liability for severe emotional distress does not require the plaintiff to plead or prove a separate, independent tort if the conduct meets the outrageousness threshold.
- At the pleading stage, attempted coercion and deception aimed at terminating benefits, even if the plaintiff did not sign away rights, may support damages for mental suffering if the alleged conduct plausibly caused severe emotional distress.

## Conclusion

The court recognized an independent cause of action for outrageous conduct causing severe emotional distress and held that allegations of an insurer’s deceptive, coercive attempt to terminate disability benefits could be found outrageous and severe enough to proceed beyond dismissal.


Dominguez v. Equitable Life Assurance Soc'y of the U.S., 438 So. 2d 58 (Fla. 3d DCA 1983)