Acuity, a mutual insurance company, appealed a judgment granted in favor of its insured, Community Living Solutions. This case is Hoffman, LLC v. Community Living Solutions, LLC, 2010 WL 5304610 (Wis.App.).

 This case arises from a business dispute between two construction firms, Hoffman and Community. Community was founded by several of Hoffman's former employees. Hoffman sued Community and five of its employees, alleging deceptive advertising, unfair competition, unfair trade practices, and tortuous interference with business relationships. Specifically, Hoffman alleged that the staff experience page of Community's website listed a number of projects Community employees had worked on, but did not specify that those projects were completed while the employees worked at Hoffman. Community tendered defense to Acuity.

 Community agreed to pay a portion of the defense costs, subject to a reservation of rights and pending a coverage determination. In the meantime, Hoffman and Community reached a settlement, although Acuity did not participate in the settlement negotiations. Acuity then filed a motion for declaratory judgment, seeking an order that it had no duty to indemnify Community. The circuit court denied Acuity's motion and entered judgment ordering Acuity to pay Community $300,000. This appeal followed.

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