Sterling Builders, Inc. v. United National Insurance

Opinion

RYLAARSDAM, J.

Third party claimants sued an insured under a commercial general liability policy contending the insured had lied about its intentions to perform certain acts in return for the claimants granting it an easement over their property. The insured tendered the defense to its insurer; the latter refused to defend. We agree with the trial court that such a claim is not insured under a clause covering “wrongful entry or eviction or other invasion of the right of private occupancy.” In affirming the judgment, we acknowledge that a dictum in this court’s opinion in General…