FEBRUARY 04, 2008
GREENWICH INSURANCE COMPANY, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
RPS PRODUCTS, INC., ) No. 05 CH 09418
(The Holmes Group, Inc., ) Honorable
) Sophia H. Hall,
Defendant). ) Judge Presiding.
JUSTICE ROBERT E. GORDON delivered the opinion of the court:
The issue presented in this case is whether plaintiff Greenwich Insurance
Company (Greenwich) had a duty to defend its insured, defendant RPS Products, Inc.
(RPS), in an underlying suit filed by The Holmes Group, Inc. (Holmes), alleging, among
other things, patent infringement, trademark infringement, and unfair competition. On
August 4, 2004, RPS tendered its defense of the Holmes suit to Greenwich, which
refused the tender of the defense and denied coverage on August 17, 2004. On June 2,
2005, Greenwich filed a complaint for declaratory judgment in the chancery division of
the circuit court of Cook County seeking, among other things, a declaration that it had no