Fragomeno v. Insurance Co. of the West

I respectfully dissent. The dispositive issue in this case is whether damages recoverable in an unlawful detainer action sound in tort or contract. If they sound in tort, as an unbroken line of cases spanning 70 years so holds, Insurance Company of the West (ICW) is obligated to defend the Fragomenos in the unlawful detainer action brought by their landlord.

Prior to discussing the case authority on this issue, I first briefly address certain preliminary issues.

*832I. The Term “Personal Injury” Includes Any Injury Arising From the Tortious Acts Enumerated in the Endorsement.

Since coverage is…