01-2432 Fireman's Fund Insurance Co. v. Bradley Corporation

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“The plain language of the insurance policies requires the advertising injury to have been ’caused by an offense committed in the course of advertising your goods products or services.’…

“Here, Count II of Lawler’s complaint, however, alleges that Bradley’s injury was caused by the theft of its trade secrets, not the subsequent advertising:

“Bradley’s and Kline’s actual or threatened misappropriation of Lawler’s Trade Secrets has caused and will continue to cause other immediate, substantial and irreparable harm to Lawler, for which there is no adequate remedy at law.

“Thus, Lawler’s injury occurred independent and irrespective of any advertising by Bradley. Accordingly, we conclude that the alleged harm was caused by the misappropriation of the trade secrets, not by the advertising itself, and, therefore, Bradley fails to satisfy the requirement that the injury be caused by an offense committed in the course of advertising its goods or products.”

Reversed and remanded.

Recommended for publication in the official reports.

Dist I, Milwaukee County, Cooper, J., Curley, J.

Attorneys:

For Appellant: William P. Croke, Milwaukee; Todd M. Rowe, Milwaukee

For Respondent: Lisa S. Leubauer, Milwaukee; Michael D. Rosenberg, Milwaukee