Find out how The Garden Law Firm can help you today!
Kevin is on the Board of the National Forest Recreation Association. He has appeared before numerous federal district courts in litigation of government claims and federal land management issues. Contact Kevin to find out how he can help you.
Contact Kevin Today
Court Rules That Concessioner’s Insurance Did Not Cover Dispute With Adjoining Landowners
Your Government counsel.™
A court recently held that a concessioner’s insurance policy did not cover the concessioner’s costs of defending against a lawsuit brought by adjacent property owners alleging that the concessioner had violated their usage and/or ownership interests in a roadway that provided access to both their properties. The concessioner had an insurance policy that applied to damages caused by occurrences such as accidents. The concessioner argued that it was unaware of the fact that the adjacent property owners had this property interest. Therefore, it asserted, its subsequent alleged violation of this interest constituted an accident for purposes of the policy.
The concessioner cited to prior case law where an insurer was required to cover costs associated with a similar trespass claim. However, the court rejected this case law and focused on the fact that the concessioner’s conduct was intentional. The court noted that the concessioner’s error as to the adjacent landowner’s property interest did not constitute an accident.
The insurance policy also covered any damages the concessioner had to pay for invasion of the right of private occupancy of premises. The concessioner argued that its alleged trespass was therefore covered. However, the court held that the concessioner was accused of violating an easement held by the adjacent landowners. Therefore, its conduct did not constitute an invasion of the right to an enforceable possessory interest in the land, which was required to meet the standard under the policy.
Share this post
Subscribe to the mailing list
Find out how The Garden Law Firm can help you today!
Temporary Reprieve From Wildfire Insurance Coverage For Forest Service Campground and Day Use Permits
The US Forest Service recently issued a letter asking Regional Foresters to consider requests from holders of campground and day use permits for a one
Forest Service Cancels Campground Prospectus After Erroneously Listing It As A Small Business Set-Aside
The Forest Service recently decided to withdraw a prospectus for a campground permit after the agency had “mistakenly marked” the prospectus as a small business
Forest Service Revises Solicitation For Helicopter Wildfire Support In Light Of Protest
The Forest Service recently cancelled a solicitation for helicopter wildfire support and agreed to review its documentation justifying its proposed evaluation method in light of
Categories
Archives