Failure to Conform Exclusion Not Applicable

Safety Dynamics, Inc. v. General Star Indemnity Co., 475 Fed. Appx. 213, 214 (9th Cir. (Ariz.) 2012) ("The non-conforming goods exception does not apply because ShotSpotter's injury claimed in the underlying action does not arise out of the failure of Safety Dynamics's product to conform to its advertisements. Rather, it is a competitive injury. The exception ‘is directed to the failure of goods, not the failure of advertising.' 4Jeffrey E. Thomas, New Appleman on Insurance Law Library Edition, § 30.08[2][a] (2009).").