United States Ninth Circuit
Street Surfing, LLC v. Great American E & S Insurance Co., 12-55351
Summary judgment in favor of defendant-insurer in a diversity insurance coverage action is affirmed, where: 1) plaintiff-insured was sued in the underlying dispute for trademark infringement, unfair competition and unfair business practices; 2) the insurance policies at issue covered personal and advertising liability but contained a prior publication exclusion; and 3) although the underlying action potentially falls within coverage for use of another's advertising idea, the prior publication exclusion in the policies relieved defendant-insurer of any duty to defend.
Appellate Information
- Decided 06/10/2014
- Published 06/10/2014
Judges
- FISHER
Court
- United States Ninth Circuit