Ziman

The issue in this case is whether respondent insurer was obligated to defend its insureds in a third party action for copyright infringement arising from the display of an allegedly unauthorized copy of a painting in the lobby of a building owned by the insureds. The painting in question was hung in the lobby while the insureds were showing the building to commercial real estate brokers in an effort to lease offices there. Appellants therefore claim that the insurer had a duty to defend under the advertising injury clause in their commercial general liability policy.

The trial court granted summary judgment to the insurer. We affirm. There was no duty to defend because the activities of the appellants did not constitute advertising under the terms of the policy.

Factual and Procedural Summary

Appellant Arden Realty Group, Inc. (Arden) owns and manages commercial office buildings. Appellants Richard Ziman and Victor Coleman are principals of Arden. In the spring of 1995, Arden acquired a commercial office building in Encino. Arden was insured by appellant, Fireman’s Fund Insurance Company (Fireman’s). In an effort to obtain additional tenants, Arden planned to solicit…