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HOMEDICS v. VALLEY FORGE INSURANCE COMPANY

No. 00-55306.

315 F.3d 1135 (2003)

HOMEDICS, INC., a Michigan corporation, Plaintiff-Appellant, v. VALLEY FORGE INSURANCE COMPANY, A PENNSYLVANIA CORPORATION; Transcontinental Insurance Company, a New York corporation; Continental Insurance Company, a New Hampshire corporation; CIGNA Property and Casualty Insurance Company, a Connecticut corporation; Ace Fire Underwriters Insurance Company (fka CIGNA Fire Underwriters Insurance Company), a Pennsylvania corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 9, 2003.

Attorney(s) appearing for the Case

David A. Gauntlett, Gauntlett & Associates, Irvine, CA, for the plaintiff-appellant.

Janelle F. Garchie, Correll, Garchie & Edwards, San Diego, CA, for the defendants-appellees.

Before CYNTHIA HOLCOMB HALL, THOMPSON, and WARDLAW, Circuit Judges.

OPINION

CYNTHIA HOLCOMB HALL, Circuit Judge.

The question we address here is to what extent, under California law, patent infringement claims invoke an insurers' duty to defend under a commercial general liability policy. Homedics, Inc. ("Homedics"), appeals the dismissal of its complaint against ACE Fire Underwriters Insurance Company (formerly known as CIGNA Fire Underwriters Insurance Company) ("ACE") for failure...

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