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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 15

Citation
§ 15
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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In a related contention, Landmark argues that the Tenant Council’s claims do not constitute the sort of “damages” necessary to trigger the duty to defend. The word is taken from the beginning of section II of the Broad Form Endorsement. According to Landmark, this use of “damages” indicates that plaintiffs in the underlying offense apparently must suffer an injury above and beyond that caused by the violation of their rights in order to trigger the duty to defend under the Broad Form Endorsement. Because, Landmark asserts, the Tenant Council is essentially seeking restitution of back rent, not compensation for damage done due to the alleged violations, its claims are outside the scope of the Policy.