By Avrum D. Lank
Milwaukee Journal Sentinel
Acuity Mutual Insurance Co. of Sheboygan must pay an almost $1 million claim by UNIK Associates of Wauwatosa, the Wisconsin Supreme Court has ruled.
UNIK has been ordered by a federal court in Oregon to pay $958,253.40 to Symantec Corp. (SYMC) of Cupertino, Calif., for unauthorized distribution of some computer programs owned by Symantec, including several of the popular Norton utilities.
Acuity, which provided UNIK with business insurance, claimed it was not responsible for paying the judgment because the policy covered advertising and the actions UNIK engaged in did not include that.
Both Waukesha County Circuit Court Judge Mark S. Gempeler and the Second Circuit Wisconsin Court of Appeals, in Waukesha, disagreed with Acuity and ordered it to pay the claim. The Supreme Court, in a decision written by Justice Patience D. Roggensack, agreed with both of the lower courts and ruled that UNIK had engaged in advertising when it damaged Symantec and that therefore it should pay the claim.
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