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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Beltway Management Co. v. Lexington-Landmark Insurance, 746 F. Supp. 1145 (1990)

Citation
Beltway Management Co. v. Lexington-Landmark Insurance, 746 F. Supp. 1145 (1990)
Parent Document
Beltway Management Co. v. Lexington-Landmark Insurance, 746 F. Supp. 1145 (1990)
Effective Date
1990-09-19

Other Sections in This Document (164)

Full Text

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the right of private occupancy.” First of all, Beltway contends, the meaning of “right of private occupancy” is plain. The warranty of habitability insures that leased premises are fit for use. Such fitness is necessary for private occupancy. Therefore, a violation of the warranty of habitability must be an invasion of the right of private occupancy. According to Beltway, this same conclusion can be inferred from a close reading of the context. Listing wrongful entry and wrongful eviction as well as invasions of the right of private occupancy, the Broad Form Endorsement contemplates a category of claims by tenants against landlords. Because claims for violations of the warranty of habitability are one of the most basic and frequent claims, they should, Beltway argues, be included in any general category of claims against landlords unless specifically excluded.