Spaulding Decon, LLC v. Crum & Forster Specialty Insurance

158 F. Supp. 3d 1293, 2016 U.S. Dist. LEXIS 13979, 2016 WL 399311
CourtDistrict Court, M.D. Florida
DecidedJanuary 29, 2016
DocketCase No. 8:15-cv-1463-T-33TBM
StatusPublished
Cited by1 cases

This text of 158 F. Supp. 3d 1293 (Spaulding Decon, LLC v. Crum & Forster Specialty Insurance) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spaulding Decon, LLC v. Crum & Forster Specialty Insurance, 158 F. Supp. 3d 1293, 2016 U.S. Dist. LEXIS 13979, 2016 WL 399311 (M.D. Fla. 2016).

Opinion

ORDER

VIRGINIA M. HERNANDEZ COVINGTON, UNITED STATES DISTRICT JUDGE

This cause is before the Court on Plaintiffs Spaulding Decon, LLC and Laura Spaulding’s Motion for Partial Summary Judgment on Defendant’s Duty to Defend filed on August 4, 2015. (Doc. # 8). Also before the Court is Defendant Crum & Forster Specialty Insurance Company’s Motion for Summary Judgment on Defendant’s Duty to Defend filed on November 24, 2015. (Doc. #37). The parties filed their respective responses in opposition. (Doc. # # 30, 39). Spaulding1 filed a reply on November 5, 2015. (Doc. # 35). Crum '& Forster filed a reply on January 18, 2016. (Doc. #44). After due consideration and for the reasons that follow, Spaulding’s Motion for Partial Summary Judgment is denied, and Crum & Forster’s Motion for Summary Judgment is granted.

I. Background

In October 2010, Meth Lab Cleanup, LLC commenced a trademark and intellectual property infringement action against Spaulding in Meth Lab Cleanup, LLC v. Spaulding Decon, LLC and Laura Spaulding, Case No. (M.D.Fla.2010)(Trademark Case) (Doc. 1-2 at ¶¶7-8). In that matter, Meth Lab Cleanup claimed that Spaulding was inappropriately using Meth Lab Cleanup’s intellectual property including its protected “Meth Lab Cleanup” service marks to market and promote Spaulding’s competing meth lab cleanup business. (Id.). In January of 2011, the parties settled the trademark and intellectual property action. As part of the settlement, the parties entered into a Confidential Settlement Agreement.

On December 16, 2014, Meth Lab Cleanup then filed a second lawsuit against Spaulding, Meth Lab Cleanup, LLC v. Spaulding Decon, LLC and Laura Spaulding, Case No. 8:14-cv-3129-T-30TBM (M.D.Fla.2014)(the Meth Lab suit). In this lawsuit, Meth Lab Cleanup alleges a single cause of action against Spaulding for breach of the Confidential Settlement Agreement. The Meth Lab suit complaint states the following:

16. Paragraph 13 of the Terms of the Confidential Settlement Agreement specifically forbids Defendants from disparaging Plaintiff.
22. Defendants breached ... the Confidential Settlement Agreement by urging the American Bio Recovery Association to institute cancellation proceedings against Plaintiffs trademark registrations.
[1295]*129523. Defendants breached ... the Confidential Settlement Agreement by disparaging Plaintiff and by assisting Bio Clean, Inc. and Theresa Borst to engage in and perform acts which are likely to injure Plaintiff, Plaintiffs [sic] Intellectual Property, and Plaintiffs business reputation and goodwill through the counterclaims in the lawsuit, Meth Lab Cleanup, LLC v. Bio Clean, Inc. and Theresa Borst (Case No. 2:14-cv-01259-RAJ, U.S. District Court for the Western District of Washington at Seattle) and by filing a Petition to Cancel Plaintiffs trademarks with the USPTO.
24. Defendants breached ... the Confidential Settlement Agreement by offering their services under the URL www. methlabservices.com....
29. Plaintiff suffered damages caused by ... Defendants, including loss of reputation, lost profits, and loss of customers and future customers.

(Doc. # 1-2 at 79-80)(emphasis added). Spaulding has denied and defended against the allegations in the Meth Lab suit alleging breach of the Confidential Settlement Agreement. Spaulding asserts that the allegations in the Meth Lab suit complaint for breach of the Confidential Settlement Agreement triggers the duty to defend under the language of Crum & Forster’s policy. (Doc. # 1 at 6-7).'

Thereafter, on January 5, 2015, Spauld-ing notified Crum & Forster of the Meth Lab suit for breach of the Confidential Settlement Agreement brought by Meth Lab Cleanup. (Doc. # 1 at ¶ 12). In a letter dated April 16, 2015, Crtim & Forster denied Spaulding coverage under the policy stating, “it is Crum & Forster Specialty’s determination that there is no coverage for any of the claims alleged in the [Meth Lab] complaint.” (Doc. # 1-2 at 130).

After receiving the letter denying coverage from Crum & Forster, Spaulding initiated this declaratory judgment action seeking a determination of whether Crum & Forster owes Spaulding a duty to defend in the breach of the Confidential Settlement Agreement action. (Doc. # 1 at 1). Spaulding alleges it is owed a defense in the Meth Lab suit under a commercial general liability policy issued by Crum & Forster with effective dates of July 22, 2014, to July 22, 2015. (Id. at ¶ 3). The policy provides coverage for “personal and advertising injury” arising out of an “offense” committed during the policy period and defense of suits seeking damages because of the personal and advertising injury. ' (Doc. # # 1, 1-2). Specifically, the Crum & Forster Policy provides:

COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY

1. Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of “personal and advertising injury” to which this insurance applies. We will have the right and duty to defend the insured against any “suit” seeking those damages. However, we will have no duty to defend the insured against any “suit” seeking damages for “personal and advertising injury” to which this insurance does not apply.

(Doc. # 1-2 at 20). The policy also contains exclusions.

2. Exclusions
f. Breach of Contract
“Personal and advertising injury” arising out of a breach of contract, except ah implied contract to use another’s advertising idea in your “advertisement”.
i. Infringement of Copyright, Patent, Trademark, or Trade Secret
“Personal and- advertising injury” arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. However, [1296]*1296this exclusion does not apply to infringement* in your “advertisement”, of copyright, trade dress or slogan.
1. Unauthorized Use of Another’s Name or Product
“Personal and advertising injury” arising out of the unauthorized use of another’s name of product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another’s potential customers.
(Doc. # 1-2 at 21).
SECTION V-Definitions
14. “Personal and advertising injury” means injury, including consequential “bodily injury”, arising out of one or more of the following offenses;
d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person’s or organization’s goods, products or services....
(Doc. # 1-2 at 27,29).

II. Legal Standard

Summary judgment is appropriate “if the.movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P.

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Bluebook (online)
158 F. Supp. 3d 1293, 2016 U.S. Dist. LEXIS 13979, 2016 WL 399311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spaulding-decon-llc-v-crum-forster-specialty-insurance-flmd-2016.