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SUPER DUPER INC. v. PENNSYLVANIA NAT. MUT. CAS. INS.

No. 26717.

385 S.C. 201 (2009)

683 S.E.2d 792

SUPER DUPER INC., dba Super Duper Publications, Plaintiff, v. PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, The Travelers Indemnity Company of America, and Travelers Property Casualty Company of America, Defendants.

Supreme Court of South Carolina.

Decided September 14, 2009.

Attorney(s) appearing for the Case

Esten B. Leinster, III, of Greenville, and Eugene Clark Covington, Jr., of Covington, Patrick, Hagins, Stern & Lewis, of Greenville, for Plaintiff.

Heather M. Hughes, Laura A. Brady, and William T. Corbert Jr., of Drinker Biddle & Reath, of Florham Park, New Jersey; M. Dawes Cooke, Jr. and John W. Fletcher, of Barnwell, Whaley, Patterson & Helms, of Charleston; Timothy A. Domin and Christina R. Fargnoli, both of Clawon & Staubes, of Charleston, for Defendant.

Justice KITTREDGE.

The United States District Court for the District of South Carolina presents certified questions concerning commercial general liability (CGL) insurance policies. We are asked, as an issue of first impression in South Carolina, whether the respective policies' inclusion of an advertising injury may encompass trademark infringement. Generally, based on the policy terms before us, we answer in the affirmative. We are not asked nor do we attempt to...

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