United States Ninth Circuit

In this diversity insurance coverage action in which defendant insurance company's insured was sued in an underlying action alleging trademark infringement, unfair competition, and unfair business practices, summary judgment in favor of defendant is affirmed, where: 1) the insurance policies covered personal and advertising liability, though coverage was limited by a prior publication exclusion which disclaimed coverage for 'personal and advertising injury' arising out of oral or written publication of material whose first publication took place before the beginning of the policy period; and 2) the prior publication exclusion relieved defendant of any duty to defend its insured in the underlying action.

Appellate Information

• Decided 11/14/2014
• Published 11/14/2014

Judges

• Fisher

Court

• United States Ninth Circuit

Counsel