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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 11

Citation
§ 11
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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Premised upon a misreading of the text, out of step with modern understandings of leases, and unsupported by precedent, Landmark’s interpretation of “other invasion[s] of the right of private occupancy” is unpersuasive. By contrast, Beltway’s interpretation fits with the structure of section 11(D)(2) and of the Broad Form Endorsement, at least tangentially reflects modern thinking about leases, and is reasonably well-supported by precedent. For these reasons, “other invasions] of the right of private occupancy” should be interpreted to include breaches of the implied warranty of habitability. C. Policy Language Cannot Be Surplusage