Trade Secret Claims Covered Despite Insurer Reconsideration Motion

Nusonics, Inc. v. Northwestern Pacific Indemnity Co., No. CJ 97-4194, D.C. Tulsa County (Jan. 21, 1999), reh'g denied.  The court, analyzing coverage for a variety of claims, including trade secret misappropriation under a 1986 ISO policy provision, found a duty of defense properly arose and reaffirmed such opinion on a reconsideration motion brought by the insurer. The court, referencing its earlier January 21, 1999 minute order, noted that it had granted plaintiff's motion for summary judgment determining that Nusonics breached the employment contract by failing to provide a defense and awarded damages to plaintiff in the amount of $28,390.65, representing the costs incurred in defending the Wheatley action.