INSURANCE LAW – “Advertising” injuries did not include claim for misappropriation of trade secrets:

5/4/2017 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

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Philip R. Dunn, Jr.

INSURANCE LAW – “Advertising” injuries did not include claim for misappropriation of trade secrets:

The policy defined personal and advertising injury to include infringement “upon another’s copyright, trade dress or slogan in the [insured’s] advertisement.”  In the insurer’s declaratory judgment action, the court holds that the underlying complaint contained no allegation of advertisement as defined in the policy, and stated no facts to suggest that the plaintiff’s injuries were caused by an advertisement.  The policy defined “advertisement” as “a notice that is broadcast or published to the general public or specific market segments about [the insured’s] goods, products or services for the purpose of attracting customers or supporters.”  The underlying complaint alleged that the insured conspired with various third parties to misappropriate the claimant’s trade secrets and helped the third parties to manufacture and sell products based upon a confidential formula misappropriated from the claimant.  Summary judgment is granted for the insurer.  United Ohio Ins. Co. v. Durafloor Industrial Flooring and Coating, Inc., CV15-6062735 (1/24/27 Noble, J.)

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