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Whose Lease Is It Anyway: Physical Occupancy Not Required in Landlord-Tenant Dispute

When a prospective tenant alleged a wrongful interference claim against a landlord, the landlord sought coverage under the “Personal and Advertising Injury” coverage section of his CGL policy. Unfortunately, the insurer denied defense, arguing that the coverage required the tenant to have physically occupied the space. In the ensuing coverage action, a Texas Federal district court judge made a surprising ruling that is now up on appeal to the Fifth Circuit.

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Jan 30, 2018
Afua S. Akoto

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