Nichols v. Great American Ins. Companies

In Nichols v. Great American Ins. Companies (1985) 169 Cal. App. 3d 766, the court held that there was no potential of coverage under the personal injury wrongful eviction provisions of an insurance policy for an airwave piracy claim involving the sale of devices to intercept cable television signals because the complaint alleged no invasion of any interest in real property. The court observed, "We perceive that the 'personal injury' contemplated by the business liability policies was the 'wrongful entry, eviction or other invasion of the right to private occupancy' relating to some interest in real property. The Calsat complaint alleges no invasion of any interest attendant to the possession of real property. This court '"will not indulge in a forced construction so as to fasten a liability on the insurance company which it has not assumed."' " (Nichols, supra, at pp. 775-776.)