Polaris Industries, L.P. v. Continental Insurance Co.

OPINION

LANSING, Judge.

On summary judgment in a declaratory action, the district court interpreted advertising liability coverage as creating no obligation to defend in litigation alleging trade secret misappropriation, patent infringement, and consumer protection violations. The allegations under the Consumer Protection Act arguably fall within the coverage for unfair competition arising out of advertising activities, and we reverse and remand.

FACTS

The litigation for which Polaris Industries seeks defense coverage involves a dispute over the development of an electronic fuel- injection system…