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January 04, 2018

"WRONGFUL EVICTION" AS A CGL PERSONAL INJURY OFFENSE.

In order to qualify as covered "Personal Injury" under a Comprehensive General (or Commercial General) Liability policy (CGL), "wrongful eviction" requires a possessory interest or there is no Personal Injury Coverage and so no duty to defend or duty to indemnify either, the District Court held under West Virginia law in Grand China Buffett & Grill, Inc. v. State Auto Prop. & Cas. Co., 260 F. Supp. 3d 616, No.  1:16CV159, 2017 WL 2129307 (N.D. W. Va. May 16, 2017), appeal dismissed upon stipulated motion to dismiss, 2017 WL 6345716 (4th Cir. September 25, 2017).

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Posted by on January 04, 2018 at 08:32 AM in Coverage Defenses, Declaratory Judgment Action, Duty to Defend |

Tags: action, concealed, Court, coverage, declaratory, defend, District, duty, eviction, indemnify, injury, judgment, personal, sealed, secret, transcripts, Virginia, West, wrongful

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