Tradewind Products, Inc. v. Hartford Fire Insurance

MEMORANDUM *

Tradewind Products, Inc. (“Tradewind”) appeals from the district court’s grant of summary judgment in favor of Hartford Fire Insurance Company and Hartford Casualty Insurance Company (“Hartford”). The district court determined that Hartford had no duty to defend a lawsuit brought by Guthy-Renker Corporation against Tradewind because the First Amended Complaint (“Complaint”) did not create any potential liability that would be covered under Hartford’s 2000 — 01 or 2001 — 02 policies (the “Policies”) insuring Tradewind. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse.

Hartford had a duty to defend Tradewind because the Complaint raised issues that were potentially within the Policies’ coverage. The 2000 — 01 Policy imposed on Hartford a “duty to defend any ‘suit’ seeking ... damages” for “ ‘[advertising injury’ caused by an ‘advertisement’ of [Tradewind’s] goods, products, or services,” and the 2001 — 02 Policy imposed *4 such a duty for an “ ‘[a]dvertising injury’ caused by an offense arising out of [Trade-wind’s] business.” Both Policies defined “[a]dvertising injury” in relevant part as “[i]nfringement of copyright ... in [Trade-wind’s]…