Franklin v. Western National Mutual Insurance Co.

OPINION

LANSING, Judge.

In a declaratory judgment action, the district court ruled that an allegation against the insured for trespass by refusing to remove an outdoor advertising sign was arguably within the scope of an insurance policy’s coverage for “wrongful entry or eviction or other invasion of the right of private occupancy.” We affirm the court’s declaration that the insurer had a duty to defend until the trespass claim was dismissed, but reverse and remand for reconsideration of the court’s award of attorneys’ fees and costs.

FACTS

James and Keith Franklin own Franklin Outdoor…