Aroa Marketing, Inc. v. Hartford Insurance

INTRODUCTION

Aroa Marketing, Inc. (Aroa), appeals from an order sustaining a demurrer without leave to amend its complaint against respondent Hartford Insurance Company of the Midwest (Hartford). In the complaint, Aroa alleged that Hartford had breached its duty to defend or indemnify Aroa in an underlying lawsuit, Radcliffe v. Aroa Marketing, Inc. (Super. Ct. L.A. County, 2008, No. 390531) (Radcliffe lawsuit). The trial court interpreted an insurance contract provision that specifically excluded coverage for “personal and advertising injury” arising out of “any violation of any intellectual property rights” as precluding coverage for the Radcliffe lawsuit. We affirm.

FACTUAL AND PROCEDURAL HISTORY

A. Insurance Policy

Hartford had issued a commercial general liability insurance policy to Aroa for the policy period September 9, 2006, to November 1, 2007. The policy covered any damages that Aroa became legally obligated to pay because of “bodily injury,” “property damage” or “personal and advertising injury” *785 arising out of Aroa’s business. “Personal and advertising injury” was defined to include “ ‘oral or written or electronic publication of material that…