Skip to main content
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

825 chars
Landmark asserts that the rights of private occupancy are limited to possessory interests, but it does not offer any examples of what claims against the insured would be covered. As detailed above, Landmark contends that invasions of the right of private occupancy are similar to, but due to some technical defect, not quite qualifying as, wrongful entry or eviction. This reading would render the policy language nugatory. “Other invasion of private occupancy” cannot refer to “improper entry” by the landlord. If an entry is not wrongful, it is not tortious; and if it is not tortious, the tenant cannot recover damages from the landlord and the insurance company will never have to defend. Landmark attempts to save this argument by suggesting that the landlord might damage property after having entered improperly. *1155