Cunningham v. Universal Underwriters

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting the dictionary definition of “evict” is to “‘expel . . . by legal process; 21 put out’; ‘[t]o force out; eject; dispossess’; ‘[t]o recover (property, for example) by a 1 superior claim or legal process.’”
• “The legal definition of an eviction is the same: an ‘eviction’ is ‘[t]he act or process of legally dispossessing a person of land or rental property.’ (Black’s Law Diet. (7th ed.1999) p. 575, col. 2.
• physical dispossession is the sine qua non of eviction
• “The scope of the duty [to defend] does not depend on the labels given 25 to the causes of action . . . ; instead it rests on whether the alleged facts or known 26 extrinsic facts reveal a possibility that the claim may be covered by the policy.”

Source: CourtListener parenthetical corpus (CC0).