Santa’s Best Craft v. St. Paul Fire and Marine Ins. Co.

In action seeking declaration that defendant-insurance company had duty to defend and indemnify plaintiff in underlying action alleging that plaintiff engaged in trademark infringement, false advertising and deceptive trade practices arising out of plaintiff's marketing of "Stay-On" Christmas lights, Dist. Ct. did not err in finding that defendant had duty to defend plaintiff since: (1) allegations of underlying lawsuit potentially gave rise to claim of unauthorized use of slogan, which was covered under relevant policy; and (2) exclusions in policy did not apply. As to duty to indemnify, remand was required to permit plaintiff opportunity to show that primary focus of claims that had been settled in underlying lawsuit concerned covered loss.