Insurer Seeks Reversal Of Finding That Trade Dress Claim Triggered Duty To Defend

Mealey's (October 30, 2017, 2:18 PM EDT) -- SAN FRANCISCO — A commercial general liability insurer recently asked the Ninth Circuit U.S. Court of Appeals to reverse a lower federal court’s ruling that it has a duty to defend its garment merchant insured against an underlying lawsuit, arguing that the lower court erred in finding that the insured was potentially liable for alleged damages arising from trade dress infringement in one of its advertisements (Great Lakes Reinsurance [UK] PLC v. In and Out Fashion Inc., 16-56425, 9th Cir.)....