Tuesday November 1, 2005
Vector Products, Inc. V. Hartford Fire Insurance Co.
no. 05-168
Broward County

Vector, a Florida company, was accused of false advertising by Schumacher Electric Corp. in a federal lawsuit filed in Illinois. Both companies make portable battery chargers. Vector was insured by Hartford, but Hartford refused to defend Vector in the case. Hartford argued Schumacher's claim that Vector intentionally made false advertising claims triggered an exclusion provision in Vector's insurance policy. Vector sued Hartford in state court alleging breach of contract; Hartford transferred the case to federal court. The federal judge granted Hartford's motion for summary judgment. Vector appealed to the 11th U.S. Circuit Court of Appeals. The 11th U.S. Circuit sent the case to the Florida Supreme Court to decide how state law determines the duty of an insurer to defend a customer in a strict liability cause of action under the Lanham Act.