Legal Opinion

Beltway Management Co. v. Lexington-Landmark Insurance

District Court, District of Columbia

Decided September 19, 1990No. Civ. A. 89-2017-LFOPublishedCited by 25 opinions

1Opinion of the Court

MEMORANDUM

OBERDORFER, District Judge.

This suit considers whether an insurance carrier must defend an insured landlord against its tenants’ claim for breach of the implied warranty of habitability. The Broad Form Comprehensive General Liability Endorsement (the “Broad Form Endorsement”) issued to the landlord here covers “personal injury,” defined in the endorsement to include “wrongful entry or eviction or other invasion of the right of private occupancy.” 1 The ultimate issue is whether “other invasion[s] of the right of private occupancy” encompass violations of the warranty of habitability.

2Cases cited29 opinions

  1. Moore v. City of East ClevelandSupreme Court of the United States · 1977
  2. Village of Belle Terre v. BoraasSupreme Court of the United States · 1974
  3. Marini v. IrelandSupreme Court of New Jersey · 1970
  4. Hercules & Co. v. Shama Restaurant Corp.District of Columbia Court of Appeals · 1989
  5. Lemle v. BreedenHawaii Supreme Court · 1969

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3Cited by25 opinions

  1. Martin Marietta Corp. v. Insurance Co. of North AmericaCalifornia Court of Appeal · 1995
  2. Decorative Center of Houston v. Employers Casualty Co., Texas Court of Appeals, 13th District1992
  3. New Castle County De v. National Union Fire Insurance Company of Pittsburgh, PaCourt of Appeals for the Third Circuit · 2001
  4. American Guarantee and Liability Insurance Company, Plaintiff-Counter v. The 1906 Company, Etc.Court of Appeals for the Fifth Circuit · 2001
  5. Partnership Placements, Inc. v. Landmark InsuranceDistrict of Columbia Court of Appeals · 1998

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