GAUNTLETT & ASSOCIATES WINS CASE IN 7TH CIRCUIT!

The Seventh Circuit U.S. Court of Appeals on July 1, 2010 affirmed an insurance coverage judgment obtained by Gauntlett & Associates against St. Paul Fire and Marine Insurance Company. (Santa's Best Craft, et. al v. St. Paul Fire and Marine Ins. Co., ___ F.3d ___ (7th Cir. 2010) (Nos. 08-3572 & 08-3773).

The appellate court affirmed a judgment that St. Paul owed $1.3 million to defend companies sued in Ohio for alleged infringement of a competitor's slogans used on packages of Christmas lights ("Patent-pending ‘Stay-on' feature keeps bulbs lit," "New Technology," "String Stays Lit even if a bulb is loose or missing!" and "worry-free lighting."). The case was remanded to consider requiring St. Paul reimburse the settlement paid by the insureds upon proof that the primary focus of the settlement was on claims potentially covered under the policy. The court also remanded for consideration of prejudgment interest for late defense payments and settlement reimbursement.


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