Tosoh SET v. Hartford Fire Ins. Co.
Tosoh SET (Tosoh) appeals from a summary judgment entered in favor of its insurance carrier, Hartford Fire Insurance Company (Hartford), in an action for breach of Hartfords duty to defend Tosoh against a complaint filed by one of Tosohs competitors. Whether Hartford owed Tosoh a duty to defend turns upon whether the advertising injury coverage of the Hartford insurance policies provides coverage for an advertisement that disparages a competitors products or services by inference, without specifically naming the competitor. Court conclude Hartfords duty to defend was triggered by an allegation that Tosoh falsely claimed it alone had developed the detailed specifications and tolerances required for certain replacement component parts used in semiconductor manufacturing equipment, a statement that disparaged its competitors products and services by implying they were measurably inferior. Accordingly, Court reverse the judgment.
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