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INTEX PLASTICS SALES CO. v. UNITED NAT. INS. CO.

Nos. 91-55276, 91-55330.

23 F.3d 254 (1994)

INTEX PLASTICS SALES COMPANY, Plaintiff-Appellee, v. UNITED NATIONAL INSURANCE COMPANY, Defendant-Appellant, and New England Reinsurance Company; 1st State Insurance Company, Defendants. INTEX PLASTICS SALES COMPANY, Plaintiff-Appellee, v. UNITED NATIONAL INSURANCE COMPANY, Defendant, and New England Reinsurance Company; 1st State Insurance Company, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submission Deferred December 23, 1991.

Resubmitted March 30, 1994.

Decided May 2, 1994.

Attorney(s) appearing for the Case

James C. Nielsen, Wright, Robinson, McCammon, Osthimer & Tatum, San Francisco, CA, for defendant-appellant United Nat. Ins. Co., John N. Frye, Frye, Tanzer & Alberts, Los Angeles, CA, for defendants-appellants New England Reinsurance Co. and First State Ins. Co.

David A. Gauntlett, Callahan & Gauntlett, Irvine, CA, for plaintiff-appellee.

Before: PREGERSON, CANBY, and RYMER, Circuit Judges.

Opinion by Judge RYMER.

RYMER, Circuit Judge:

United National Insurance Company, New England Reinsurance Company, and First State Insurance Company appeal the grant of summary judgment in favor of Intex Plastics Sales Company. The district court held that all three insurers had a duty to defend Intex in a patent infringement suit under the insurers' Comprehensive General Liability (CGL) Policies which cover "advertising injury." We must decide whether there...

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