Legal Opinion
Super Duper Inc. v. Pennsylvania National Mutual Casualty Insurance
Supreme Court of South Carolina
Decided September 14, 2009No. 26717PublishedCited by 2 opinions
1Opinion of the CourtJustice Kittredge
The United States District Court for the District of South Carolina presents certified questions concerning commercial general liability (CGL) insurance policies. We are asked, as an issue of first impression in South Carolina, whether the respective policies’ inclusion of an advertising injury may encompass trademark infringement. Generally, based on the policy terms before us, we answer in the affirmative. We are not asked nor do we attempt to offer an opinion on the ultimate issues of coverage in this case. The ultimate questions of coverage remain with the federal district court.
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2Cases cited12 opinions
- The Frog, Switch & Manufacturing Co., Inc., in No. 98-7552 v. The Travelers Insurance Company (d.c. Civ. No. 98-Cv-00643) the Frog, Switch & Manufacturing Co., Inc., in No. 98-7553 v. United States Fire Insurance Company (d.c. Civ. No. 98-Cv-00758)Court of Appeals for the Third Circuit · 1999
- Advance Watch Company, Limited v. Kemper National Insurance Company, the Travelers Indemnity Company of America, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1996
- Schulmeyer v. State Farm Fire & Casualty Co.Supreme Court of South Carolina · 2003
- Auto Owners Insurance v. RollisonSupreme Court of South Carolina · 2008
- Atlantic Mutual Insurance v. Badger Medical Supply Co.Court of Appeals of Wisconsin · 1995
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3Cited by2 opinions
- Crossmann Communities of North Carolina, Inc. v. Harleysville Mutual InsuranceSupreme Court of South Carolina · 2011
- Worth Johnson v. Protective Life Insurance CompanyCourt of Appeals for the Eleventh Circuit · 2024