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Y'Barbo v. Diamond11/3/2000
to lessors of rental property, who are engaged in the business of leasing property, rather than lessees of rental property. As such, the policy affords coverage to the Diamonds for property they rented to others or held for rental rather than property that was leased by them. Accordingly, liability arising from the Caesar Ave. property, a residence leased by the Diamonds, is not covered by the policy.
We find no merit in the assignments of error raised by appellants. The arguments are premised on the faulty assumption that the rental dwelling policy affords coverage to property occupied by the named insureds as lessee. Based on the language of the rental dwelling policy and the applicable jurisprudence, we conclude there is no coverage for any liability of the Diamonds that may result from the plaintiffs' allegations as set forth in the petition. Accordingly, the motion for summary judgment was properly granted.
III. CONCLUSION
For the above reasons, the judgment of the trial court is affirmed. Costs of this appeal are to be paid by plaintiffs-appellants.
AFFIRMED.
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