Wrongful Eviction and Repossession of Boat

January 19, 2015

Our insured is a bank. It had a court order to repossess a boat and the insured hired a repo company which did repossess the boat. The boat was taken without the permission of the owner.

Does this type of action constitute a wrongful eviction or entry under the personal injury definition in the CGL form? Also, since the item is a boat, is the boat considered to be a dwelling or premises as noted in the definition?

South Carolina Subscriber

If the insured had a court order, the eviction or entry is not wrongful; it is a legally sanctioned action. And a boat is not considered a room, dwelling, or premises that a person occupies unless that person lives on the boat. But even if the boat is the person's dwelling, there is still no wrongful eviction or entry in this instance.