Ameron, Incorporated v. Insurance Company of North America International Insurance Company

51 F.3d 279 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. AMERON, INCORPORATED, Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA; International Insurance Company, Defendants-Appellees. No. 93-56180. United States Court of Appeals, Ninth Circuit. Submitted Feb. 6, 1995. * Decided March 29, 1995. 1 Before: BROWNING, D.W. NELSON, and HAWKINS Circuit Judges. 2 MEMORANDUM ** 3 In this diversity action, plaintiff-appellant Ameron, Incorporated ("Ameron") seeks a declaration that its primary and excess insurers have a duty to defend and to indemnify Ameron in a prior patent infringement action ("the Smith Fiberglass litigation"). Ameron appeals the district court's grant of summary judgment in favor of the insurers, Insurance Company of North America ("INA") and International Insurance Company ("IIC"). Ameron claims that the "advertising injury" provisions of its insurance policies create a duty upon the insurers to defend and/or indemnify Ameron in the Smith…