Concept Enterprises, Inc. v. Hartford Ins. Co. of the Midwest, 2001 WL 34050685 C.D. Cal. May 22, 2001

Concept Enterprises, Inc. v. Hartford Ins. Co. of the Midwest, 2001 WL 34050685 C.D. Cal. May 22, 2001. (The court found bad faith as a matter of law for insurers' purported defense of a mix trade dress/patent infringement lawsuits where only trade dress claims were potentially covered through its payment of only 15% of the outstanding fees. Although applying California law, the court noted that there was no conflict with Louisiana law, but as the new forum was in California after transfer of the case from Louisiana, its law would apply. The underlying action was pending in Louisiana and the initial coverage lawsuit was filed in Louisiana federal court, until transferred by that court upon the insurers' motion to California.)