No Duty To Defend.

Company A advertised its product, which resembled and had a name similar to the product sold by Company B. Company A’s advertisement, however, did not identify Company B’s product expressly and did not disparage Company B’s product. When Company B sued, Company A made a demand on its insurer to defend under an insurance policy provision that provided coverage for “advertising injury,” defined as injury arising out of publication of material that disparaged a person’s or organization’s goods, products, or services. Because the advertisement did not identify Company B’s product, and contained no matter derogatory to Company B’s title to its property, its quality, or its business, no disparagement occurred. Therefore the insurance company concluded its policy did not provide a potential for coverage of this claim for damages because of advertising injury and it did not its insured a duty to defend. The trial court granted summary judgment to the insurance company, and the appellate court agreed and affirmed. Hartford Casualty Insurance Co. v. Swift Distribution  (Cal. App. Second Dist., Div. 3;  October 29, 2012) (Case No.: B234234) 210 Cal.App.4th 915, [148 Cal.Rptr.3d 679].