GACTAPP· 4/16/2024
MAB MONROE, LLC v. MAYFIELD SELF STORAGE, LLC
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that even where a contract does not define a term, \widespread custom or usage\ can supply the term's meaning
- finding that undefined term in a policy exclusion was sufficiently established in the federal case law such that the exclusion unambiguously applied
- holding that the term “BOSS” is not a trademarked slogan
- noting that the contractual duty to defend — and thus to pay for that defense — continues “until it is determined with certainty that the policy does not provide coverage”
- noting that if the duty to defend cannot be eliminated by examining the face of a pleading, an insurer may nevertheless “extricate itself early” through the use of discovery devices
- noting that “a ‘trademarked slogan’ is a word or phrase used to promote house or product names, but is not the house or product name itself standing alone”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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