The Appeals Court of Massachusetts ruled that an insurance company had the duty to defend its insured in a wrongful entry action in Dilbert v. Hanover Ins. Co., 04-P-156, 2005 WL 949585 (Mass. App. Ct. Apr. 27, 2005).

Susan Dilbert and Seth Kilgore (plaintiffs) purchased a condominium from Ellen Remsen. The parking space was not conveyed with the unit. Remsen executed the unit deed, which conveyed the space and the condo together. In a separate agreement, the plaintiffs sold the space to Remsen. She had the right, for one year and with the option to extend for another year, to sell the space to a third party. She rented the space to another resident and did not sell it within two years.