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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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at 10. A proper interpretation of the rights of private occupancy, according to Landmark, must analyze the rights of private occupancy in light of the rights listed directly before it. The Broad Form Endorsement extends coverage to “wrongful entry and eviction.” Both of those terms guarantee tenants that their rights of physical possession will not be violated. It follows under Landmark’s logic that “other invasions] of the right of private occupancy” should also cover other invasions of the rights of physical possession. The Tenant Council’s claims do not allege any invasions of the tenants’ possessory interests. Therefore, Landmark concludes, those claims are outside the scope of the Policy’s coverage, and it has no duty to defend against them.