Align Tech, Inc. v. Federal Ins. Co., ___ F. Supp. 2d ___, 2009 WL 4282098 (N.D. Cal. 2009)
The court denied the insurer’s motion to dismiss and granted instead plaintiff’s motion for partial summary judgment re the duty to defend as well as for defendant Federal’s concurrent motion for summary judgment.
At issue were two insurance policies, a premises/operations liability policy and a commercial access and umbrella policy issued by Federal to Align. The pertinent coverage was for personal injury and defined as personal injury “includes injury . . . caused by an offense of: D. electronic, oral, written or other publication of material that: 1. libels or slanders or person or organization (which does not include disparagement of goods, products, property or services); …” Id. at *2.
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