Kazi

We granted review to determine whether comprehensive liability insurers who insure only for tangible property losses owe a duty to defend in a dispute involving the right to use an implied easement. Case law and treatises have always acknowledged that actions over easement ownership, interference, or the right to use an easement concern “pure rights in property” or intangible rights only. (See Gunderson v. Fire Ins. Exchange (1995) 37 Cal.App.4th 1106, 1109 [ 44 Cal.Rptr.2d 272 ] (Gunderson); see also 6 Miller & Starr, Cal. Real Estate (3d ed. 2000) Easements, §§ 15:1, 15:5, pp. 4, 16.)

In line with Gunderson , we conclude, in contrast to the Court of Appeal, that an insurer providing a liability policy that covers damage to tangible property on the insured’s premises has no duty to defend an easement dispute. For reasons explained below, we therefore reverse the Court of Appeal judgment and remand the matter for proceedings consistent with this conclusion.

I. Facts and Procedural History

Plaintiffs Zubair M. Kazi and Khatija Kazi (the Kazis) purchased land (Parcel A) from the State of California’s Santa Monica Mountains Conservancy (Conservancy). C. David Tollakson…