FROG, SWITCH & MFG. CO. v. TRAVELERS INS. CO.

Nos. 98-7552, 98-7553.

193 F.3d 742 (1999)

THE FROG, SWITCH & MANUFACTURING CO., INC., Appellant in No. 98-7552, v. THE TRAVELERS INSURANCE COMPANY (D.C.Civ.No. 98-cv-00643). The Frog, Switch & Manufacturing Co., Inc., Appellant in No. 98-7553, v. United States Fire Insurance Company (D.C.Civ.No. 98-cv-00758).

United States Court of Appeals, Third Circuit.

Argued: July 13, 1999.


Attorney(s) appearing for the Case

R. James Reynolds, Jr., Esquire (argued), Thomas, Thomas, Armstrong & Niesen, Harrisburg, PA, Counsel for Appellant The Frog, Switch & Manufacturing Co.

William T. Corbett, Jr., Esquire (argued), Shanley & Fisher, Morristown, NJ, Counsel for Appellee Travelers Insurance Co.

Francis J. Deasey, Esquire (argued), Deasey, Mahoney & Bender, Philadelphia, PA, Counsel for Appellee United States Fire Insurance Company.

Before: BECKER, Chief Judge, ROTH and RENDELL, Circuit Judges.


OPINION OF THE COURT

BECKER, Chief Judge.

This case requires us to interpret two insurance policies to determine whether the insurers had a duty to defend the insured against a lawsuit brought by a competitor for theft of trade secrets, unfair competition, and reverse passing off. The policies covered claims against the insured for "advertising injury." The definition of "advertising injury" in standard business insurance policies has troubled and in some...

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