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CITIZENS INS. CO. v. PRO-SEAL SERVICE GROUP, INC.

Docket No. 130099.

730 N.W.2d 682 (2007)

477 Mich. 75

CITIZENS INSURANCE COMPANY, Plaintiff/Counter-Defendant-Appellant, v. PRO-SEAL SERVICE GROUP, INC., d/b/a Pro-Seal, Inc., Defendant/Counter-Plaintiff-Appellee, and Seth Short, Randy Quincy, Flowserve Corporation, and Flowserve Management Company, Defendants.

Supreme Court of Michigan.

April 25, 2007.

Attorney(s) appearing for the Case

Plunkett & Cooney, P.C. (by Jeffrey C. Gerish and James R. Lilly), Bloomfield Hills, for Citizens Insurance Company.

Pierce, Duke, Farrell & Tafelski, P.L.C. (by Mark C. Pierce), and Foley & Lardner L.L.P. (by Jeffrey G. Collins), Bloomfield Hills, Detroit, for Pro-Seal Service Group, Inc.

PER CURIAM.

At issue in this insurance coverage dispute is whether defendant Pro-Seal Service Group, Inc.'s, act of shipping a product in a competitor's packaging with Pro-Seal's labeling affixed to it constitutes an "advertisement" for purposes of an insurance policy. The Court of Appeals determined that plaintiff (Citizens Insurance Company) was required to defend defendant under the terms of a commercial general liability policy (CGL policy) because the underlying...

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