American Motorists Insurance Co., Plaintiff-Counter-Defendant-Appellant v. Mars Sales Company, Inc., Defendant-Counter-Claimant-Appellee
Opinion
Opinion
9 F.3d 1550 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. AMERICAN MOTORISTS INSURANCE CO., Plaintiff-counter-defendant-Appellant, v. MARS SALES COMPANY, INC., Defendant-counter-claimant-Appellee. No. 92-55543. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 5, 1993. Decided Nov. 5, 1993. 1 Before: REINHARDT, T.G. NELSON, Circuit Judges, and KAUFMAN, * District Judge. 2 MEMORANDUM ** 3 Since the parties are familiar with the facts, we need not recite them. Advertising Injury 4 If the definition of "advertising injury" from section V.1(c) of the policy is substituted for that term as used in coverage section B.1(c), the relevant portion of the insuring agreement would read: "This insurance applies to [m]isappropriation of advertising ideas or style of doing business only if caused by an offense committed ... (2) [i]n the course of advertising your goods, products, or services." American Motorists is thus correct in its contention that the damages…