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AUTO SOX USA INC. v. ZURICH NORTH AMERICA

No. 21576-8-III.

88 P.3d 1008 (2004)

AUTO SOX USA INC., a Washington corporation, and Sam Cassel, a natural person and officer of Autosox, Usa Inc., and Tracy Cassel, a natural person and officer of Autosox Usa Inc., Respondents, v. ZURICH NORTH AMERICA, a foreign business entity, and Northern Insurance Company Of New York, Inc., a foreign corporation, and Farmin, Rothrock & Parrott, Inc., a Washington corporation, Petitioners.

Court of Appeals of Washington, Division 3, Panel Four.

April 29, 2004.

Attorney(s) appearing for the Case

Ignatius Melito, Siff, Rosen & Parker, New York, NY, Jacquelyn A. Beatty, Walter E. Barton, Attorneys at Law, Seattle, WA, for Appellant.

Theresa L. Keyes, David K. Daggett, Preston, Gates & Ellis LLP, Spokane, WA, for Respondent.

Donald S. Kunze, Summit Law Group PLLC, Seattle, WA, Amicus Curiae.

KURTZ, J.

William Elmer sued Auto Sox USA, Inc. for patent infringement. Auto Sox tendered the claim to its insurance company, Northern Insurance Company of New York, Inc. It claimed coverage as an "advertising injury." Northern denied coverage. Auto Sox then sued Northern and its parent company, Zurich North America. The trial court held that Auto Sox's claim for patent infringement was an advertising injury. Northern moved for discretionary review here. We granted...

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