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ACUITY v. ROSS GLOVE CO.

No. 2011AP1464.

817 N.W.2d 455 (2012)

2012 WI App 70

ACUITY, A Mutual Insurance Company, Plaintiff-Respondent, v. ROSS GLOVE COMPANY, Defendant-Appellant, Seirus Innovative Accessories, Inc., Defendant.

Court of Appeals of Wisconsin.

Opinion Filed April 4, 2012.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Stephanie E. Waldon of Rohde Dales LLP, Sheboygan.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Christine M. Rice and Alexandra L. Grimley of Simpson & Deardorff, S.C., Milwaukee.

Before NEUBAUER, P.J., REILLY and GUNDRUM, JJ.

NEUBAUER, P.J.

¶ 1 Ross Glove Company appeals a declaratory judgment granted in favor of its insurer, Acuity, a Mutual Insurance Company. Ross Glove was the subject of trade dress infringement claims and requested that Acuity defend and indemnify it under the terms of its policy. Acuity was granted a declaratory judgment that its policy, specifically its "advertising injury" provision, does not afford coverage for the lawsuit brought against Ross Glove. We conclude...

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