What is the full text of the Court of Appeal's opinion on a personal injury policy?

The decision consists of 10 paragraphs. The first five paragraphs merely relate the facts and quote the relevant contract terms: The town had passed certain regulations which created "economic hardships" that destroyed the viability of a developer's project, the town was being sued, and it had an insurance policy which provided personal injury coverage. (Town of Goshen v. Grange Mut. Ins. Co., supra, 424 A.2d at p. 823.) The sixth paragraph sets up the issue as framed by the insurer, i.e., whether the absence of any invasion upon the land precluded coverage, and juxtaposed that issue with the trial court's ruling finding coverage. The opinion does not explain how nor why the trial court concluded there was coverage.

The seventh paragraph of the opinion consists of three sentences and contains the actual ruling. The first sentence is a topic sentence giving the court's conclusion, stating it was rejecting the insurer's argument: "We cannot accept [the insurer's] argument that an appreciable and tangible interference with the physical property itself is necessary to constitute an `invasion of the right of private occupancy.'" (Town of Goshen v. Grange Mut. Ins. Co., supra, 424 A.2d at p. 824.)

The entire weight of the court's reasoning is carried by the second sentence of the seventh paragraph. But instead of giving a reason why it could not accept the insurer's argument, the court relies on its raw authority: "We are of the opinion that the allegations in the complaint would constitute the required `invasion of the right of private occupancy.'" (Town of Goshen v. Grange Mut. Ins. Co., supra, 424 A.2d at p. 824.) That is the sum total of

[79 Cal.App.4th 111]