Poshe USA LLC v. Nautilus Ins. Co.
Jan 31, 2013OUTCOME: Injunction motion denied, motion to dismiss tentatively granted.
Poshe, a seller of women's products, filed suit against its liability insurance carrier, Nautilus, alleging breach of contract and tort duties arising from Nautilus's refusal to appoint independent (ak ... a Cumis counsel) to defend Poshe in a trademark dispute. After filing suit, Poshe filed a motion for preliminary injunction to resolve the dispute concerning whether a conflict of interest disqualified Nautilus's appointed defense counsel from defending Poshe. Nautilus filed a motion to dismiss the complaint.
