Legal Opinion

Auto Sox USA, Inc. v. Zurich North America

Court of Appeals of Washington

Decided April 29, 2004No. 21576-8-IIIPublishedCited by 6 opinions

1Opinion of the CourtKurtz, J.

William Elmer sued Auto Sox USA, Inc., for patent infringement. Auto Sox tendered the claim to its insurance company, Northern Insurance Company of New York, Inc. It claimed coverage as an “advertising injury.” Northern denied coverage. Auto Sox then sued Northern and its parent company, Zurich North America. The trial court held that Auto Sox’s claim for patent infringement was an advertising injury. Northern moved for discretionary review here. We granted review and now reverse.

FACTS

Auto Sox manufactures and sells rooftop advertising signs for vehicles. William A. Elmer patented an…

2Cases cited20 opinions

  1. Weyerhaeuser Co. v. Commercial Union Ins.Washington Supreme Court · 2001
  2. Weyerhaeuser Co. v. Commercial Union InsuranceWashington Supreme Court · 2000
  3. Roller v. Stonewall InsuranceWashington Supreme Court · 1990
  4. Advance Watch Company, Limited v. Kemper National Insurance Company, the Travelers Indemnity Company of America, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1996
  5. Hyman v. Nationwide Mutual Fire InsuranceCourt of Appeals for the Eleventh Circuit · 2002

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3Cited by6 opinions

  1. Australia Unlimited, Inc. v. Hartford Cas. Ins. Co.Court of Appeals of Washington · 2008
  2. Holyoke Mut. Ins. Co. v. Vibram USA, Inc.Massachusetts Supreme Judicial Court · 2018
  3. Dish Network Corp. v. Arch Specialty InsuranceCourt of Appeals for the Tenth Circuit · 2011
  4. Australia Unlimited, Inc. v. Hartford Casualty InsuranceCourt of Appeals of Washington · 2008
  5. Sterngold Dental, LLC v. HDI Global Insurance Co.Court of Appeals for the First Circuit · 2019

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