Tria Beauty Inc. v. National Fire Insurance Co. of Hartford, Travelers Property Casualty Co. of America, Beazley Insurance Co., Individual Underwriters of Syndicates 2623 And 623 of Lloyd's of London
Published: May 30, 2013 | Result Date: May 18, 2013 |Case number: 3:12-cv-05465-WHA Summary Judgment – Defense
Court
USDC Northern
Attorneys
Plaintiff
Vincent H. Herron
(Halpern, May, Ybarra & Gelberg LLP)
Michael Bruce Abelson
(Halpern, May, Ybarra & Gelberg LLP)
Defendant
Facts
Tria Beauty Inc. was a manufacturer and seller of beauty products, including the Tria Hair Removal Laser and the Tria Skin Perfecting Blue Light. Tria was insured by the National Fire Insurance Co. of Hartford, and had a policy which included coverage for personal and advertising injury. Tria was also insured by Travelers Property Casualty Co. of America.
In Nov. 2010, Tria sued Radiancy Inc. alleging false advertising unfair competition, and trademark infringement. The action settled. However, during the course of the action, Radiancy counterclaimed against Tria, alleging that Tria had made false and misleading statements. When Radiancy counterclaimed, Tria tendered that action to National Fire and Travelers for coverage and defense under their insurance policy. National Fire rejected Tria's request.
In Oct. 2012, Tria filed a coverage action against National Fire.
Result
The court granted summary judgment in favor of National Fire and Travelers.
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