Duty to Defend under CGL Form does not Apply to Claim for Injunctive Relief

The insured sought a determination from the court that the insurer owed a duty to defend the insured under the terms of the general liability policy. This is a United States District Court case decided under Florida law. The case is MJCM, Inc. v. Hartford Casualty Insurance Company, 2010 WL 1949585 (M.D.Fla.).

The insured operates a kennel and grooming salon. Neighbors to the salon filed a complaint against the insured seeking injunctive relief, costs of the action, and other relief as the court deems appropriate. The neighbors allege that the operation of the kennel constitutes a private nuisance and that it interferes with the neighbors' quiet enjoyment of their own property because of the continuous and distracting barking of the dogs. The insured notified the insurer of the lawsuit and requested defense. The insurer declined, saying that the claims against the insured did not qualify as bodily injury, property damage, or personal and advertising injury as defined in the policy. This lawsuit followed.