that was vetted based on an underlying claim in a warning claim with an action across a complaint that was filed against my clients that particular action was based on the misappropriation of trade secrets and confidential information allegedly deposition testimony that was obtained from the president of modern alloys during the underlying action in that underlying action in the deposition testimony by his name is wrong gray the president and first most knowledgeable designated by modern  s claimed that the basis of that cause of action was advertising that he claimed traded on the reputation of modern alloys again submit it again declined and essentially this is the complaint the the reputation of modern alloys and exploited that and used that in advertising that was sent out to the market segment that the two competitors and the construction industry liability policy particularly with advertising injury provisions and it is it provides the insurer with a defense of a claim and that is as cited in in our briefs one of the primary functions of having that policy not just to be clear that that there was a potential for coverage when the underlying action concerns misappropriation related to marketing and sales here we clearly had the marketing and sales issue forswear within the causes of action and the theories they allege in the simply advertising tax which is what west chester continued to argue was the standard for advertising injury in this particular case it really wasn't that it was the whole cons of the idea of the manner in which the underlying had misappropriated and this is what they describe it the methods techniques pricing subcontractor and vendor deal points and relationships owner and contractor economic relationships etc if they usurp these relationship first eighteen general allegations and one cause a backlash and for interference with prospective business advantage isolates itself to a very separate and unique cause of action and that is the notion of common law we found that out by discovering discovery in which they produced the brochures and the advertising and the other materials that they claim we used and which constituted the basis for their fifth cause of action  step back and look at the big picture and i think your honor already referred to it as the essence of the claim and i think it can often be referred to as the grabbing one of the claim and it is in fact business disputes between arch rivals in the concrete barrier walk instruction business and the claims between those two companies had to do with alleged unfair competition in the competitive bidding process that is t allegations but the record includes a declaration from the insured testimony of the claimant and arguments of counsel all stating that the gravity of the complaint is this unfair competition in the in the underlying litigation what came through in that i first blush to mention that that deposition of ronald reagan extended eight hundred pages and what has been included in the record here are very minor in complete policy is widespread promotional advertising but with nothing bushnell when you make a bet it's certainly under most owners it's more to your company that you're qualified to do the job and it's certainly promotional but it's not advertising activities within the meaning of the policy and only in certain circumstances are one on one on the patients considered advertising activity but in this case the court said that in the dating process where you are i think we have your argument in hand if there's anything else you'd like to speak to us about i will submit on the other issues the other issue being that  solicitation by one bit with one offending sample product that is not what we have here we have multiple advertisements sent out in any not just a general advertising circular trade publication but we also have advertising that went out in mass distribution peerless itself commented at footnote eleven it says we do not foreclose the possibility that under some circumstances solicitation of a single customer might constitute advertising this might occur for example where a supplier prepared since flyers to many persons of a single large corporation has left the business however we need not decide that issue in this case or holding is limited to the facts before us and that was a the only evidence that was ever submitted to the court was that all the evidence that was that was identified on advertising was masterful ations to contractors general contractor sub contractors and owners and this particular instance the standard is quite obvious westchester bears the burden of proving for purposes of a duty to defend that under no conceivable theory would there be even the bare potential of coverage you know far more than that here we believe that they at least owed their insured a duty to defend any of the cases that talk about the difference between video and advertising involving involving other companies who  is only directed towards a very limited segment of society like in your case the only work that you would do for is the government well and who advertises for the government right actually that isn't true your honor we really do not work directly with good to the government this isn't a these are not tell friends getting projects we were subcontractor sub contractor who bids too many general contractors and many owners so we don't bid directly to cal franz or to a government entity don't do any quote direct advertising to the public we do you do yes and actually that isn't the only standard in the policy the policy also indicates that the advertising would be also to specific market segments and in this case the market segments are the owners and the contractors and the generals and the other subs that we do work for and that is the market segment that we advertise to just want to understand this auction is just for the eternity series right at attorneys fees and costs the defense obligation on the just argue it will be submitted for a decision and will proceed to mood against global diamond resources of council or prison they could come forward so you can get his attention