Skip to main content
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

757 chars
As a fall back, Landmark contends that even if violations of the warranty of habitability are covered by the Policy, coverage is still not available for the Tenant Council’s suit. First, the Tenant Council’s Amended Complaint alleges that unsafe and unsanitary conditions existed in 1984, well before the effective date of Beltway’s Policy. Second, the Amended Complaint does not allege any physical injury or damage, both of which are required under Beltway’s Policy. Third, the Policy specifically excludes coverage for willful violations of penal statutes. Because the Tenant Councils’ claims are based upon violations of the fire and housing code, Landmark contends that the Policy specifically excludes coverage for claims such as the Tenant Council’s.