Burgett, Inc. v. Am. Zurich Ins. Co., 2:11-CV-01554-MCE, 2011 WL 5884251 (E.D. Cal. Nov. 23, 2011)

Implicit disparagement triggered a defense where false statements were made to another company about Burgett's alleged ownership of the "SOHMER" trademark in which claimant Persis asserted ownership rights. No trademark infringement barred a defense since fact allegations for disparagement could create liability outside exclusion's scope.