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Weiss v. St. Paul Fire and Marine Ins. Co.

Order vacating default judgment entered against insurer affirmed because judgment was not result of deliberate, willful conduct; judgment in favor of insured on issue of duty to defend vacated because plain meaning of contract terms precluded a finding that claims for patent infringement were covered; judgment in favor of insurer on insured's indemnification claim affirmed because policies did not cover patent infringement claims.

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The full case caption appears at the end of this opinion.

ALICE M. BATCHELDER, Circuit Judge. St. Paul Fire and Marine Insurance Company (“St. Paul”) appeals the judgment of the district court holding that it owed its insured, Mor-Flo Industries, Inc. (“Mor-Flo”), a duty to defend in a patent infringement action and that it was liable for the attorney’s fees and costs incurred by Mor-Flo in defending that action. Ronald Weiss appeals the district court’s order vacating Weiss’s default judgment against St. Paul and the district court’s judgment that St. Paul had no duty to indemnify Mor-Flo for the judgment against it in the patent infringement action. We will affirm the order vacating the default judgment and the judgment in favor of St. Paul on the issue of indemnification. We will reverse the district court’s judgment in favor of Mor-Flo on the issue of St. Paul’s duty to defend and the award of fees and costs.

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