In Albert v. Truck Insurance Exchange, No. B278295 (Cal. Ct. App. May 15, 2018), the California Court of Appeal, Second District, considered whether an insurer owed a duty to defend an insured who was sued for erecting a fence that partially blocked an easement providing access to a neighbor’s property. The Court of Appeal concluded that the insurer owed a duty to defend because the policy provided coverage for personal injuries arising out of a wrongful “invasion of the right of private occupancy.” According to the Court, such coverage may include a non-physical invasion of rights in real property.
Continue Reading Good Fences Don’t Always Make Good Neighbors: California Court of Appeal Holds that “Invasion of the Right of Private Occupancy” May Include Non-Physical Invasion of Rights in Real Property