Street Surfing, LLC v. Great American E&S Insurance

BACKGROUND

Street Surfing began selling a two-wheeled, inline skateboard called the “Wave” to retail stores around December 2004. Less than a year after Street Surfing began doing business, it had already earned about $600,000 in sales. By 2007, Street Surfing also sold and advertised accessories for the Wave, such as “Lime Green Street Surfing Wheels for The Wave,” and the “New Ultimate Street Surfer Wheel Set.”

In August 2005, Street Surfing applied for general liability insurance coverage from Great American. Street Surfing’s application certified that its website address was “www.streetsurfing.com” and that the Wave displayed the Street Surfing logo. The application did not include a picture or any description of the logo. Great American granted the application and provided general liability insurance to Street Surfing from August 2005 until September 2007. This period

STREET SURFING V. GREAT AM. E&S INS. CO.

spanned two policies, the 2005 policy (August 2005 until September 2006), and the 2006 policy (September 2006 until September 2007).1 In September 2006, before it issued the 2006 policy, Great American captured a screenshot of Street…