Fifth Circuit Finds No “Personal Injury” or “Advertising Injury” in Trade Secret Misappropriation Suit

In Nationwide Mutual Insurance Co. v. Gum Tree Property Management, LLC, No. 14-60302, 2015 U.S. App. LEXIS 595 (5th Cir. Jan. 14, 2015), the Fifth Circuit affirmed the district court’s grant of summary judgment in favor of Nationwide and certain third-party defendants, finding that Nationwide did not have a duty to defend or indemnify the insureds in the underlying lawsuit.

Lexington Relocation Services, LLC (“Lexington”) brought the underlying lawsuit against three related insureds (“Gum Tree Defendants”) alleging that one of Lexington’s former employees had …

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