Swain

Plaintiffs Alan C. Swain and Aleyda A. Swain brought this action seeking damages based upon the conduct of defendant California Casualty Insurance Co. (CCIC) in denying that it owed a duty to defend or indemnify plaintiffs, under a policy of comprehensive general liability insurance, for claims against plaintiffs sounding in wrongful eviction. CCIC sought summary judgment on the ground that the events underlying the claim against plaintiffs were not an “occurrence” as defined in the policy. The trial court granted the motion, and plaintiffs appealed from the resulting judgment. We find no error, and affirm.

Background

On September 9, 1997, plaintiffs completed purchase of a property on Cedar Street in Berkeley, together with a neighboring property. About two weeks prior to closing, plaintiffs purchased insurance policies from CCIC covering the two properties. One of these was a homeowners policy providing coverage for “personal liability.” It is this coverage the applicability of which is at issue in this proceeding. (See pt. II, post.)

The Cedar Street house had been occupied by Steve and Jamie Chin, and their children, for nearly six and one-half years. On the day…