TetraVue

I.

INTRODUCTION

Plaintiffs TetraVue, Inc. (TetraVue) and Paul Banks appeal from a judgment

entered in favor of defendant St. Paul Fire & Marine Insurance Company (St. Paul) after

the trial court granted St. Paul's motion for summary judgment and denied the plaintiffs'

cross-motion for summary judgment. TetraVue and Banks sued St. Paul in a declaratory

relief action, seeking a determination that St. Paul owed them a duty of defense in an

underlying lawsuit against Banks and TetraVue brought by third party General Atomics

by way of a cross-complaint in an action that Banks originally filed against General

Atomics. TetraVue and Banks contended that the General Atomics cross-complaint

raised claims that were potentially covered by the property damage provision and/or the

advertising injury provision of a general liability policy that TetraVue had purchased

from St. Paul. The plaintiffs and St. Paul filed cross-motions for summary judgment.

The trial court granted St. Paul's motion for summary judgment and denied TetraVue and

Banks's joint motion for summary judgment after determining that there was no potential

for coverage of the claims under either…