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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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207 Cal.App.3d 822, 255 Cal.Rptr. 111 (1989), the court held that the definition of personal injury requires “an offense” or a tort, rather than a violation of a contractual requirement. The Court reached this decision by construing the language “will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages” to imply that the insurance contract covers only tort liability. The court then proceeded to find that leases were contractual and therefore the tenants’ rights derived from that contract were contractual. Accordingly, the Court dismissed the Fra-gomeno’s suit to require the insurance company to defend them in an unlawful detain- ^ er action. The Fragomeno