Narrative Opinion Summary
The case involves an appeal by Corbis Corp. against the district court's summary judgment favoring St. Paul Fire & Marine Insurance Co., which denied Corbis's motion for partial summary judgment. The Ninth Circuit Court of Appeals, exercising jurisdiction under 28 U.S.C. § 1291, conducted a de novo review of the district court's decisions and affirmed them. Central to the case is the interpretation of St. Paul's insurance policy in relation to two lawsuits filed against Corbis. Under Washington law, an insurer's duty to defend arises when a complaint potentially implicates coverage. The lawsuits involved claims of unauthorized use of a photograph and digital images, categorized as 'publishing' activities under the policy. Since such activities were not covered, St. Paul was not obligated to provide a defense. The court's decision underscores the principle that insurers may only deny defense if a claim clearly falls outside policy coverage and cannot rely on extrinsic evidence. The court's ruling, however, is unpublished and its citation is restricted per Ninth Circuit Rule 36-3.
Legal Issues Addressed
Application of Insurance Policy to 'Publishing' Activitiessubscribe to see similar legal issues
Application: The court determined that the activities described in the lawsuits, involving the use of a photograph and digital images, fell under 'publishing' as defined by the insurance policy, and thus were not covered by Corbis's policy.
Reasoning: Both complaints involve activities classified as 'publishing,' as defined in the insurance policy, which refers to the creation and distribution of material. Since the liability arising from such publishing activities is not covered by Corbis's policy, St. Paul was not required to provide legal defense.
Insurer's Duty to Defend under Washington Lawsubscribe to see similar legal issues
Application: The court applied Washington law to determine that an insurer must provide a defense if the complaint alleges facts that could impose liability within the policy's coverage, and cannot deny this obligation using extrinsic facts.
Reasoning: According to Washington law, an insurer must provide a legal defense when a complaint alleges facts that could impose liability within the policy's coverage. An insurer may deny this obligation only if the claim is clearly not covered by the policy and cannot use extrinsic facts to do so.
Non-Publication and Citation Limitationssubscribe to see similar legal issues
Application: The court noted that the disposition of the case was not for publication and could not be cited except as provided by Ninth Circuit Rule 36-3.
Reasoning: The court affirms the summary judgment in favor of St. Paul and notes that the disposition is not for publication and cannot be cited except as provided by Ninth Circuit Rule 36-3.
Summary Judgment Review Standardssubscribe to see similar legal issues
Application: The court reviewed the summary judgments de novo and affirmed the district court's decision to grant summary judgment to St. Paul while denying Corbis's motion for partial summary judgment.
Reasoning: The court has jurisdiction under 28 U.S.C. § 1291 and reviews both summary judgments de novo, affirming the district court's decision.