dissenting.
Because I would affirm the judgment of the District Court, I respectfully dissent.
Acierno sued New Castle County alleging that its denial of a building permit unlawfully deprived him of his property without due process of law and that it arbitrarily treated him differently than other real estate developers in violation of the Equal Protection Clause of the Fourteenth Amendment. Acierno also alleged that the County violated his rights to due process and equal protection when it voided his development plan and rezoned his property. Contending Acierno alleges an “invasion of the right of private occupancy,” the County maintains National Union Fire Insurance Company has a duty to defend. In essence, the County asserts that Acierno alleged that the County’s regulatory actions impaired Acierno’s right to use and enjoy his property.1
*757Interpreting the policy, the District Court denied a “duty to defend” holding that “personal injury” does not extend to claims involving frustrated commercial expectations regarding future development of property. After declining to construe the term “invasion of the right of private occupancy” on a plain meaning reading, the District Court employed the well known tools of construction of ejusdem generis and noscitur a sociis.
As the District Court recognized, the term “invasion of the right of private occupancy” follows the enumeration of specific actions relating to possessory interests in real property-wrongful eviction and wrongful entry.2 It would seem, therefore, that applying a broader definition, would expand coverage beyond the intended scope of the policy language.
The related doctrine of noscitur a soci-is 3 also points to the conclusion that when read in context, the phrase “invasion of the right of occupancy” should be given a meaning analogous to “wrongful eviction” and “wrongful entry.” The phrase “invasion of the right of private occupancy” does not appear to encompass financial harms like the denial of a building permit, the voiding of a development plan, and the rezoning of land.
Acierno alleges that the County improperly deprived him of his right to use and enjoy his land. He makes no allegations of eviction, entry or similar wrongful disturbance.
The District Court found:
that the coverage of the CGL policy does not extend to the County’s liabilities arising from the Acierno litigation. This conclusion is consistent with the nature of the insurance policies purchased by ’ the County. The County bought a POL4 policy from National Union to insure it against potential liabilities arising from the conduct of its officials and employees. Although the parties disagreed whether the “prior litigation” exclusion of the POL policy obligated National Union to indemnify the County for the Ademo litigation, there is no dispute that the POL policy covers the kinds of liabilities incurred by the County in its zoning and permitting activities. Recognizing that the County had already insured itself under the POL policy against liabilities arising from the exercise of its regulatory authority, it is not surprising that its CGL *758policy covers a different set of potential liabilities.
New Castle, 84 F.Supp.2d at 556.
Substantially for the reasons set forth by the District Court, I would affirm its judgment.
. See Sadler v. New Castle County, 565 A.2d 917, 923 (Del.1989); Hercules, Inc. v. AMEC Virginia, 1999 WL 167830, at *4 (Del.Super.Feb.12, 1999) ("Where general words follow an enumeration of persons or things, by words of a particular and specific meaning, such general words are not to be construed in their widest extent, but are to be held as applying only to persons or things of the same general kind or class as those specifically mentioned.”).
. The doctrine of noscitur a sociis holds that "general and specific words capable of the analogous meaning when associated together take color from each other so that the general words are restricted to a sense analogous to the specific words.” City of Delray Beach v. Agric. Ins. Co., 85 F.3d 1527, 1534 (11th Cir.1996).
. The District Court found that "in 1992, National Union sold the County a Public Officials and Employees Liability Insurance Policy (Policy No. 439-12-94) (the "POL policy”). The POL policy has a $1 million limit of liability for the policy period May 12, 1992 to July 1, 1993. The POL policy excludes coverage for claims arising from prior litigation, stating that National Union shall not be made liable to make any payment in connection with any claim for any wrongful act occurring prior to May 12, 1992, for which the County might reasonably expect that such wrongful act would give rise to a claim.” New Castle County v. Nat’l Union Fire Ins. Co., 84 F.Supp.2d 550, 552 (D.Del.2000).