United States Seventh Circuit

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Santa's Best Craft, LLC. v. St. Paul Fire & Marine Ins. Co., 08-3572

In plaintiff's suit against its insurer, arising from an underlying suit against the plaintiff over its marketing of Christmas lights for copying packaging design and for using false and deceptive language, district court's judgment is affirmed where: 1) the insurer had, but did not breach, a duty to defend; 2) the district court properly declined to require the insurer to reimburse plaintiff's contract indemnitee's expenses; but 3) the case is remanded to resolve whether the insurer owes prejudgment interest on litigation expenses and reimbursement for the settlement expenses in the underlying suit.

Appellate Information

  • Argued 11/04/2009
  • Submitted 07/01/2010
  • Decided 07/01/2010
  • Published 07/01/2010

Judges

Court

  • United States Seventh Circuit

Counsel