Parkham Industrial Distributors, Inc., Dba Onsite Waste Management Corp., Immediate… v. the Cincinnati Insurance Co., Inc.

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 09a0230n.06
Filed: March 26, 2009
Case No. 08-5453
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
PARKHAM INDUSTRIAL
DISTRIBUTORS, INC., DBA ONSITE
WASTE MANAGEMENT CORP.,
IMMEDIATE RESPONSE SPILL
TECHNOLOGIES, LLC,
Plaintiffs-Appellants,
v.
THE CINCINNATI INSURANCE CO., INC.,
Defendant-Appellee.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE WESTERN
DISTRICT OF KENTUCKY
BEFORE: KENNEDY, BATCHELDER, and DAUGHTREY, Circuit Judges.
ALICE M. BATCHELDER, Circuit Judge. Parkham Industrial Distributors, Inc. appeals
the district court’s grant of summary judgment to The Cincinnati Insurance Co., Inc. (“CIC”) on
Parkham’s claims that CIC breached the terms of its insurance contract and showed bad faith in
refusing to defend and indemnify Parkham against a lawsuit brought by Solidification Products
International, Inc. (“SPI”). The district court held that the fraudulent and negligent misrepresentation
claims in SPI’s First Amended Complaint did not allege an “advertising injury” covered by
Parkham’s policy with CIC, and that, even if they did, those claims arose out of a patent
infringement claim and were excluded from coverage. Having granted summary judgment to CIC
on the breach-of-contract claim, the district court subsequently dismissed with prejudice Parkham’s

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claims of bad faith.
After carefully reviewing the record, the applicable law, the parties’ briefs and counsels’
arguments, we conclude that the district court did not err in granting summary judgment to CIC. As
the district court’s opinion carefully and correctly sets out the law governing the issues raised, and
clearly articulates the reasons underlying its decision, issuance of a full written opinion by this court
would serve no useful purpose. Accordingly, for the reasons stated in the district court’s opinion,
we AFFIRM the district court’s orders granting summary judgment to CIC and dismissing
Parkham’s Complaint.

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