Legal Opinion
Foundation for Blood Research v. St. Paul Marine & Fire Insurance
Supreme Judicial Court of Maine
Decided June 3, 1999PublishedCited by 16 opinions
1Opinion of the CourtCalkins, J.
[¶ 1] The United States District Court for the District of Maine (Carter.; J.), acting pursuant to 4 M.R.S.A. § 57 (1989) and M.R. Civ. P. 76B, has certified the following question to this Court:
Does a duty to defend exist under the legal “comparison test” in the context of the “advertising injury” or “personal injury” provisions of the General Liability Policy issued by St. Paul for an underlying third-party complaint which asserts claims of inducing patent infringement when the complaint is devoid of any concrete factual allegations describing the circumstances of the alleged injury?
[¶ 2]…
2Cases cited7 opinions
- Travelers Indemnity Co. v. DingwellSupreme Judicial Court of Maine · 1980
- Microtec Research, Inc. Jerry Kirk v. Nationwide Mutual Insurance Company St. Paul Fire & Marine Insurance CompanyCourt of Appeals for the Ninth Circuit · 1994
- Gibson v. Farm Family Mutual InsuranceSupreme Judicial Court of Maine · 1996
- Northern Security Insurance Co. v. DolleySupreme Judicial Court of Maine · 1996
- Apgar v. Commercial Union InsuranceSupreme Judicial Court of Maine · 1996
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- School Union No. 37 v. United National InsuranceCourt of Appeals for the First Circuit · 2010
- Greenly v. Mariner Management Group, Inc.Court of Appeals for the First Circuit · 1999
- York Golf and Tennis Club v. Tudor Ins. Co.Supreme Judicial Court of Maine · 2004
- Hall v. Patriot Mutual InsuranceSupreme Judicial Court of Maine · 2008
- Western World Insurance v. American & Foreign InsuranceDistrict Court, D. Maine · 2002
11 more not listed; retrieve them via the Exa API.