Contractual Interference as Cause of Damage

Q

My insured owns a strip shopping center. He has a ground lease with a corporation that allows them to place tenants in the units.  The lease specifies that the units will be rented to retail units only.

The corporation wanted to lease one of the units to a restaurant, but my insured was not in agreement.  Consequently, the corporation has sued him for “interference with a contractual right.” The insurer has denied coverage for the claim under the insured's commercial package policy.

Please advise if there is coverage under the policy forms.  If not, where one can find coverage for this type of situation?

Michigan Subscriber

A

The commercial package policy in effect here apparently uses the standard ISO commercial general liability policy to provide liability coverage.  Direct “bodily injury,” “property damage,” or “personal injury” is covered.  The policy contains the standard definition of personal injury.

A suit for economic injury based on interference with a contractual right does not fit into any of the above categories.  Therefore, there would be no coverage for the suit in question.

In the late 1980s specialty lines products were available to cover various economic injuries, including legal defense expenses arising out of certain acts not covered by normal liability policies.  While these policies generally covered damages arising out of employment discrimination, a defense expense policy might be one avenue to pursue.

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