Facts

The plaintiffs owned a self-storage facility. They cut the lock off a unit belonging to a customer who had not been
paying rent and had the personal property in the unit taken to the dump. The customer filed a complaint against
the plaintiffs. The plaintiffs sought coverage of that action under an insurance policy issued by defendant
Nationwide.

PLAINTIFFSÆ CONTENTIONS:
The defendant had a duty to defend and indemnify the action, under the
insurance policy's "personal and advertising injury" coverage, for the offense of "wrongful entry."

DEFENDANTÆS CONTENTIONS:
The defendant had no duty to defend or indemnify because: 1. the underlying
complaint did not allege any claim for damages based on "wrongful entry" and 2. coverage was barred by
exclusions for claims arising out of the insureds' intentional acts, claims arising out of a breach of contract, and
claims involving property entrusted to the insured.

Other Information

The Court granted summary judgment in the defendant's favor, on the ground that undisputed facts established that the complaint in the underlying litigation did not allege any claim for damages based upon "wrongful entry" as that offense was defined in the insurance policy.