Mirpad

Mirpad, LLC v. California Insurance Guarantee Ass'n

Caution
132 Cal. App. 4th 1058·2005 Cal. App. LEXIS 1471·2005 Daily Journal DAR 11514·34 Cal. Rptr. 3d 136·2005 WL 2267272
Court of Appeal of CaliforniaSeptember 19, 2005B176080California6,858 words

Opinion

Opinion

Croskey, J.

In this appeal, we apply the rule that the plain meaning of insurance policy language may be established by considering such language in the context of the entire policy, even though, in other contexts, it might have a different meaning. The question presented by this case is the proper interpretation to be given to the “wrongful eviction” portion of the “personal injury” coverage provisions contained in a standard commercial general liability (CGL) policy. The defendant, appellant and cross-respondent, California Insurance Guarantee Association (CIGA), argues that due to the specific language of the policy there can be no coverage liability for a claim for wrongful eviction of an “organization” (in this case, a corporation), because coverage is only extended under the policy to a claim by a natural person. The plaintiffs, respondents and cross-appellants , on the other hand, insist that it would be improper to read so narrowly the “personal injury” coverage provisions. They contend that there is coverage for a wrongful eviction claim whether it is brought against the insured by a “person” or an “organization.” The trial court, on stipulated facts, sided with plaintiffs…

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