Seagate Tech. v. NAT. UNION FIRE INS. CO.

CLAUDIA WILKEN, District Judge.

This case presents a dispute about the duty to defend and the proper forum to address related unpaid attorneys' fees. Defendants National Union Fire Insurance Company of Pittsburgh, PA (National Union) and Insurance Company of the State of Pennsylvania (ISOP) move to compel arbitration and stay the case. Plaintiffs Seagate Technology, Seagate Technology International and Seagate Singapore International Headquarters (Seagate) oppose the motion and separately move for partial summary judgment that Defendant ISOP breached its duty to defend. ISOP opposes that motion. Having considered all of the papers filed by the parties, the Court denies Defendants' motion to compel and grants Plaintiffs' motion for partial summary judgment.

National Union and ISOP issued foreign and domestic commercial general liability policies to Seagate for two consecutive policy periods beginning on September 30, 2006 and ending on September 30, 2008. These policies covered damages because of "personal and advertising injury," which includes claims of "oral or written publication in any manner, of material that slanders or libels a person or organization or disparages a…