Safety Dynamics, Inc. v. General Star Indemnity Company
Opinion
Opinion
MEMORANDUM
Safety Dynamics, Inc. (“Safety Dynamics”) brought this declaratory action against its insurer, General Star Indemnity Company (“General Star”), seeking a judgment that General Star had a duty to defend Safety Dynamics in a lawsuit (“the underlying action”) brought under the Lanham Act by one of Safety Dynamic’s competitors, ShotSpotter, Inc. (“ShotSpotter”). We have jurisdiction under 28 U.S.C. § 1291 and we reverse.
On cross motions for summary judgment, the district court determined that the underlying action did not fall within the insurance contract’s coverage provision for “injury ... arising out' of ... publication ... of material that ... disparages a[n] ... organization’s goods, products or services,” and alternatively that the contract’s exclusion for non-conforming goods applied. The district court also found that an exception for suits alleging “unfair competition” did not bar coverage because that exclusion was contained under a heading referencing intellectual property (“IP”) claims, and that all remaining claims were moot. Our review is de novo. Travelers Prop. Cas. Co. of Am. v. ConocoPhillips Co., 546 F.3d 1142, 1145 (9th Cir.2008).