MEZ INDUSTRIES v. PACIFIC NAT. INS. CO.

No. B121209.

90 Cal.Rptr.2d 721 (1999)

76 Cal.App.4th 856

MEZ INDUSTRIES, INC., Plaintiff and Appellant, v. PACIFIC NATIONAL INSURANCE COMPANY, Defendant and Respondent.

Court of Appeals of California, Second District, Division Three.

As Modified December 21, 1999.

Review Denied March 22, 2000.


Attorney(s) appearing for the Case

Gauntlett & Associates and David A. Gauntlett, Irvine, for Plaintiff and Appellant.

Murchison & Cumming, Edmund G. Farrell and Bryan M. Weiss, Los Angeles, for Defendant and Respondent..

Troop, Steuber, Pasich, Reddick & Tobey, Kirk A. Pasich and Lori M. Yankelevits; Mayer, Brown & Platt, Los Angeles, William J. Robinson and Victor de Gyarfas; Sheldon & Mak, Inc., Surjit P. Soni and William J. Brutocao, Los Angeles, as Amici Curiae on behalf of Appellant and upon the request of the Court of Appeal.

Greines, Martin, Stein & Richland, Irving H. Greines, Marc J. Poster, Robert A. Olson and Edward L. Xanders, Beverly Hills, for Truck Insurance Exchange as Amici Curiae on behalf of Defendant and Respondent and upon the request of the Court of Appeal.

Sonnenschein Nath & Rosenthal, Paul E.B. Glad and Michael A. Barnes, San Francisco, for National Association of Independent Insurers, American Insurance Association, Allstate Insurance Company and Fireman's Fund Insurance Company as Amici Curiae on behalf of Defendant and Respondent and upon the request of the Court of Appeal.

Chapman, Popik & White, Susan M. Popik, San Francisco, and Katherine O'Neal as Amici Curiae on behalf of Defendant and Respondent and upon the request of the Court of Appeal.


CROSKEY, J.

This case presents the question of whether a liability insurer providing coverage for "advertising injury" is required to defend its insured in an action charging the insured with inducement of patent infringement. When the respondent, Pacific National Insurance Company ("Pacific") refused to provide such a defense to the appellant, Mez Industries, Inc. ("Mez"), Mez filed this action for declaratory relief and breach of contract. The trial court...

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