Collegesource, Inc. v. Travelers Indemnity Company Of

MEMORANDUM

CollegeSource, Inc. appeals the district court’s order granting Travelers’s motion for judgment on the pleadings and denying CollegeSource’s motion for summary judgment. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

The district court did not err in holding that the allegations in Academy One’s complaint fell within the Unauthorized Use exclusion in the Travelers insurance policy and therefore were not within the scope of CollegeSource’s insurance coverage. Even construing the exclusion narrowly, see MacKinnon v. Truck Ins. Exch., 31 Cal.4th 635 , 3 Cal.Rptr.3d 228 , 73 P.3d 1205, 1213 (2003), the phrase “any other similar activities that mislead another’s potential customers” can be read only as referring to activities similar to “unauthorized uses of another’s name or product in your e-mail address, domain name, or me-tatag,” because “use” is the only word in the clause which constitutes an “activity.” CollegeSource’s interpretation to the contrary is not reasonable. See Mez Indus. v. Pac. Nat’l Ins. Co., 76 Cal.App.4th 856, 868-69 , 90 Cal.Rptr.2d 721 (1999). The only reasonable reading of the complaint’s allegation (that CollegeSource used…