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0675 Because a claimant and the third party insurer with which s/he is negotiating were not in a pre-existing consensual relationship, the insurer owes the claimant no duty to act reasonably to prevent emotional distress; in any given set of circumstances, unless such a duty has specifically been recognized by precedent, a plaintiff seeking recovery for negligently inflicted emotional distress has the burden of showing policy reasons why such a duty should be recognized. [Note strong dissenting opinion]CitationKRUPNICK v HARTFORD (Negligent Settlement) 28 CA4 185 [See: Dillon v Legg 68 C2 728; Molien v Kaiser 27 C3 916]
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