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Case Citations [1] (July 2019 - August 2020)

handle is hein.ali/aliliabil9927 and id is 1 raw text is: LIABILITY INSURANCE CHAPTER 2. MANAGEMENT OF POTENTIALLY INSURED LIABILITY CLAIMS TOPIC 1. DEFENSE § 13. Conditions Under Which the Insurer Must Defend N.D.Cal.2019. Subsec. (1) quot. in sup. Insurer that issued commercial-general liability policies to landlords sued insureds and their other insurer, seeking a declaration that it did not have a duty to defend insureds against an underlying landlord-tenant action, in which tenants alleged causes of action against insureds for, among other things, violation of state and local habitability and zoning laws, constructive eviction, and breach of the implied warranties of habitability and quiet enjoyment. This court granted summary judgment for plaintiff, holding that plaintiff did not have a duty to defend, because the undisputed material facts showed that there was no potential for coverage under the policies for claims raised in the underlying action under Restatement of Liability Insurance § 13. The court explained that the underlying action, which alleged the loss of a leasehold interest, did not raise a potentially covered claim under the policies for loss of use of tangible property. Scottsdale Insurance Company v. Darke, 424 F.Supp.3d 638, 642. COPYRIGHT ©2020 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination. ALI