Holyoke Mutual Insurance Company in Salem & another1 vs. Vibram USA, Inc., 480 Mass. 480

Summary

ISSUE: Whether the allegations in the complaint raise a claim that was potentially covered under the insurance policies, thus triggering the insurer's duty to defend the insured in the underlying action. HOLDINGS: [1]-The allegations in the underlying complaint were sufficient to trigger the insurers' duty to defend under the provision of the policies covering the use of another's advertising idea because the insured's used of the famed marathon runner's name to advertised its running shoes constituted an advertising idea and therefore, the insurers had an obligation to defend the insured in the underlying action by the runner's family for use of that idea.