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FBR v. ST. PAUL MARINE AND FIRE INS.

730 A.2d 175 (1999)

1999 ME 87

FOUNDATION FOR BLOOD RESEARCH v. ST. PAUL MARINE AND FIRE INSURANCE CO.

Supreme Judicial Court of Maine.

Decided June 3, 1999.

Attorney(s) appearing for the Case

James B. Haddow, (orally), Petruccelli & Martin, LLP, Portland, for plaintiff.

James D. Poliquin, (orally), Norman, Hanson & DeTroy, LLC, Portland, for defendant.

Before WATHEN, C.J., and CLIFFORD, RUDMAN, ALEXANDER, and CALKINS, JJ.

CALKINS, 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...

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