GOLDEN EAGLE INSURANCE CORP. v.CEN-FED, LTD., Part I
Complaint by bank against its landlord, in which plaintiff alleged that insured landlord's failure to maintain premises breached lease and resulted in economic damage, including need to replace its safe deposit boxes to the first floor leased premises, which resulted in fewer boxes being rented and the consequent denial of the use of that space for other purposes, and did not allege any physical injury to tangible property or loss of use of tangible property that was not physically injured, did not raise possibility of coverage for an "occurrence" under landlord's commercial general liability policy. Insurer had no duty to defend or indemnify landlord, based on "wrongful eviction" aspect of "personal injury" coverage, where such coverage applied only to injury to "persons" and not to corporations or other organizations. "Supplementary payments" provision did not obligate insurer to pay costs and attorney fees imposed on insured in underlying action where there was no duty to defend or indemnify, as supplementary payments provision cannot be broader than the duty to defend.
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