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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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It is possible to reach the same conclusion through another sort of analysis. It is not lightly to be assumed that any contractual terms are mere surplusage, especially those included in a definition. Yet, Landmark has not shown how the interpretation of the phrase “other invasion of the right of private occupancy” advanced in its papers would refer to any potential claims. Moreover, if it is conceded that that phrase encompasses constructive eviction, which Landmark seems to have done at oral argument, it must also be conceded that it encompasses breaches of the warranty of habitability.