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Phoenix Control Systems Inc. v. Insurance Co.3/9/1989
ly the doctrine of the last antecedent and determine that "in your advertising" modifies only the preceding phrase "improper or unlawful use of slogans." We disagree. Viewing the policy as a whole, the context clearly requires that we should not apply the doctrine. We would create an anomaly if we interpreted one sentence explaining coverage to include two covered occurrences when all other sentences include only one. Because the federal case does not allege that Phoenix Control's copyright infringement occurred during advertising activity, we hold INA's policy did not provide liability coverage for the copyright claim.
III. ATTORNEYS' FEES
INA requests attorneys' fees on appeal. We grant the request. INA may establish the amount of its award by complying with Rule 21, Arizona Rules of Civil Appellate Procedure.
IV. CONCLUSION
Phoenix Control's good faith belief that its intentional acts were legal does not preclude INA from refusing to defend based on its policy's intentional acts exclusion.
The policy's copyright infringement coverage was limited to advertising, thus permitting INA to refuse to defend this claim as well. We affirm the trial court's grant of summary judgment in INA's favor.
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