Citizens Ins. Co. v. Pro-Seal Service Group, Inc.

At issue in this insurance coverage dispute is whether defendant Pro-Seal Service Group, Inc.’s, act of shipping a product in a competitor’s packaging with Pro-Seal’s labeling affixed to it constitutes an “advertisement” for purposes of an insurance policy. The Court of Appeals determined that plaintiff (Citizens Insurance Company) was required to defend defendant under the terms of a commercial general liability policy (CGL policy) because the underlying complaint alleged a violation of trade dress1 and such a violation inherently involves advertising activity. Because we conclude that the…