Eight broad corners
November 20, 2013A REIT sued the City of College Station, alleging that its zoning decisions were unconstitutionally irrational and unfair. The City’s CGL policy covered liability arising from “wrongful act[s]” of city officials, with an exclusion for liability arising from eminent domain or condemnation proceedings. City of College Station v. Star Insurance, No. 12-20746 (Nov. 14, 2013). The district court granted summary judgment for the insurer and the Fifth Circuit reversed: “As [the REIT’s] constitutional and tortious interference claims may produce liablity that does not ‘arise out of’ [its] inverse condemnation action, [the insurer] is liable for the City’s defense costs.”