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AMAZON.COM INTERN., INC. v. AM. DYNASTY SURPLUS LINES INSURANCE COMPANY

No. 52143-8-I.

85 P.3d 974 (2004)

AMAZON.COM INTERNATIONAL, INC., Plaintiff, v. AMERICAN DYNASTY SURPLUS LINES INSURANCE COMPANY, Appellant, Atlantic Mutual Insurance Company, a foreign corporation, Respondent.

Court of Appeals of Washington, Division 1.

March 15, 2004.

Attorney(s) appearing for the Case

C. Scott Penner, Donald James Verfurth, Neal J. Philip, Carney Badley Spellman, Seattle, WA, for Appellant.

Gary R. Selvin, Selvin Wraith Halman LLP, Oakland, CA, Timothy R. Gosselin, Attorney At Law, Tacoma, WA, for Respondent.

ELLINGTON, J.

In a lawsuit against Amazon.com International, Inc., a software manufacturer alleged that Amazon infringed upon its patents by misappropriating its software for use on Amazon's website to market goods for sale to the public. Because the allegations conceivably amounted to an advertising injury covered by Amazon's policy with Atlantic Mutual Insurance Company, Atlantic Mutual had a duty to defend. We therefore reverse summary judgment in favor of Atlantic...

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