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PEERLESS LIGHTING CORP. v. AMICO

Nos. A082975, A083487, A084373.

98 Cal.Rptr.2d 753 (2000)

82 Cal.App.4th 995

PEERLESS LIGHTING CORPORATION, Plaintiff, Cross-defendant and Appellant, v. AMERICAN MOTORISTS INSURANCE CO., Defendant, Cross-complainant and Appellant. Peerless Lighting Corporation, Plaintiff, Cross-defendant and Respondent, v. American Motorists Insurance Co., Defendant, Cross-complainant and Appellant.

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

Review Denied October 25, 2000.

Attorney(s) appearing for the Case

Johnson, Schachter & Collins, Kim H. Collins, Kellie M. Murphy, Sacramento, Collins & Beeson, Kendall D. Collins, Donald L. Beeson, Oakland, for Plaintiff, Cross-defendant, Appellant and Respondent Peerless Lighting Corporation.

Tressler, Soderstrom, Maloney & Priess, Mary E. McPherson, Los Angeles, Karen M. Costello, Chicago, IL, Robert G. Soper, Irvine, for Defendant, Cross-complainant and Appellant American Motorists Insurance Company (AMICO).

PARRILLI, J.

This case presents the issue of whether a liability insurer providing coverage for "advertising injury" was required to defend and indemnify an insured for infringement of "trade dress" that allegedly arose through the insured's solicitation of a single customer through a competitive bidding process with a product specifically designed for that customer. When the appellant, American Motorists Insurance Co. (AMICO) refused to provide a defense, Peerless...

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