Whose Lease Is It Anyway: Physical Occupancy Not Required in Landlord-Tenant Dispute

February 7, 2018
Afua Akoto – SDV Case Alert

In September 2017, a Texas Federal district judge ruled that that Personal and Advertising Injury coverage in a CGL policy did not require physical occupancy in a landlord-tenant dispute.

In the underlying lawsuit, restaurant owner Ziggy Gruber alleged that John Dunn, the landlord of a Houston shopping center, wrongfully interfered with his right of occupancy at the shopping center by failing to complete the negotiation of a lease and preventing his occupancy of the space. Gruber further alleged that he had acquired a direct interest in the premises and became a rightful tenant but as a result of Dunn’s interference, he was never able to open his restaurant.

Ms. Akoto may be contacted at asa@sdvlaw.com


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