POLARIS INDUSTRIES v. CONTINENTAL INS.

No. CX-95-897.

539 N.W.2d 619 (1995)

POLARIS INDUSTRIES, L.P., Appellant, v. The CONTINENTAL INSURANCE COMPANY, Respondent, Twin City Fire Insurance Company, et al., Defendants.

Court of Appeals of Minnesota.

Review Denied January 25, 1996.


Attorney(s) appearing for the Case

Fred Burstein, Dylan J. McFarland, Burstein, Hertogs, Olsen & McFarland, P.A., Minneapolis, for Appellant.

John T. Chapman, Katherine L. MacKinnon, Arthur, Chapman, McDonough, Kettering & Smetak, P.A., Minneapolis, Jay S. Handlin, Simpson Thacher & Bartlett, New York City, for Respondent.

Considered and decided by LANSING, P.J., and RANDALL and HARTEN, JJ.


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.

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