Greenwich Insurance Company v. RPS Products, Inc.

State: Illinois

Court: 1st District Appellate

Docket No: 1-07-0760 Rel

Case Date: 02/02/2008

Preview:FIRST DIVISION FEBRUARY 04, 2008

No. 1-07-0760 GREENWICH INSURANCE COMPANY, Plaintiff-Appellee, v. RPS PRODUCTS, INC., Defendant-Appellant (The Holmes Group, Inc., Defendant). ) ) ) ) ) ) ) ) ) ) ) ) ) Appeal from the Circuit Court of Cook County.

No. 05 CH 09418

Honorable Sophia H. Hall, Judge Presiding.

JUSTICE ROBERT E. GORDON delivered the opinion of the court: The issue presented in this case is whether plaintiff Greenwich Insurance Company (Greenwich) had a duty to defend its insured, defendant RPS Products, Inc. (RPS), in an underlying suit filed by The Holmes Group, Inc. (Holmes), alleging, among other things, patent infringement, trademark infringement, and unfair competition. On August 4, 2004, RPS tendered its defense of the Holmes suit to Greenwich, which refused the tender of the defense and denied coverage on August 17, 2004. On June 2, 2005, Greenwich filed a complaint for declaratory judgment in the chancery division of the circuit court of Cook County seeking, among other things, a declaration that it had no

No. 1-07-0760 duty to defend RPS in the Holmes suit. On October 31, 2006, the trial court granted Greenwich's motion for summary judgment finding that the Holmes suit was not covered under the Greenwich insurance policy, and therefore had no duty to defend. 1. The Underlying Lawsuit RPS is an Illinois corporation that manufactures, markets, distributes, and sells replacement filters for use in air cleaners and humidifiers. One of RPS's replacement filters, the RPS model H600 filter, was marketed as a filter that "fit Holmes

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