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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 37A

Citation
§ 37A
Parent Document
Beltway Management Co. v. Lexington-Landmark Insurance, 746 F. Supp. 1145 (1990)
Effective Date
1990-09-19

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Once those tools are applied, it becomes clear that Beltway’s interpretation is superior. Although initially plausible, Landmark’s interpretation is premised upon a mistaken reading of the text. A broader interpretation such as Beltway’s which reads “other invasion of the right of private occupancy” to encompass a broad range of claims against landlords is more faithful to the text of the Broad Form Endorsement. Given modern principles of landlord-tenant law, that broad range must include claims for the breach of the warranty of habitability. Although there are no cases directly on point, this reasoning is supported by ample precedent which for the most part reads the Broad Form Endorsement even more broadly.