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Illinois Court of Appeals Decision Serves as Caution to Policyholders Seeking Coverage for Underlying Settlements

The Illinois Court of Appeals recently issued an opinion providing guidance for policyholders seeking insurance coverage under commercial liability policies for settlements to resolve class actions asserted against them. In...more

CFPB Targets Marketing Service Agreements

On September 25, 2014, the Bureau of Consumer Financial Protection (“CFPB”) entered into a Consent Order with Lighthouse Title, Inc., a title insurance company located in Holland, Michigan (“Lighthouse”), in which the CFPB...more

On the Road With Autonomous Vehicles and the Insurance Industry, Issue No. 3

Autonomous Vehicles and Liability - Autonomous vehicles (AVs) promise to deliver greater safety by significantly reducing accidents caused by driver error. However, AVs will not eliminate accidents, and associated...more

TCPA Connect - October 2014

9th Circuit Affirms Vicarious Liability–for Anybody–Under TCPA - In a blow to Telephone Consumer Protection Act defendants, the Ninth U.S. Circuit Court of Appeals has ruled that a defendant may be liable for...more

ADA Claims Coming for Retailers This Holiday Season for Inaccessible Websites

The Department of Justice takes the position that websites are covered by the Americans with Disabilities Act (ADA). More claims are being filed by plaintiffs targeting retailers whose websites are inaccessible to consumers...more

Just the Fax: Illinois Appellate Court Concerned That TCPA Settlement Between Insured and Class Action Plaintiffs May Be Collusive

An all too familiar scenario: an insurer believes there is no coverage for a claim, but has a duty to defend its insured. In these situations, an insurer often pays for the insured’s independently-selected defense counsel and...more

TCPA Exclusion Upheld: No Ambiguity, No Duty to Defend or Indemnify for a $10 Million Judgment

In James River Insurance Company v. Med Waste Management LLC, et al., Case No. 1:13-cv-23608-KMM, (U.S. Dist. S. D. Fla., September 22, 2014), the U.S. District Court for the Southern District of Florida upheld a Telephone...more

Covered or Not: Has Hartford v. Swift Opened a Faster Lane for Intellectual Property and Insurance Mediation?

The California Supreme Court recently issued its longawaited coverage decision in Hartford Casualty Ins. Co. v. Swift Distribution, Inc., 59 Cal. 4th 277 (2014). The Court, applying California state law, upheld the trial...more

#Insurance Coverage for Emerging Social Media Risks

There are 1.3 billion people on Facebook, half a billion “tweets” every day, and countless other ways to communicate that did not even exist five years ago. In response to this social media revolution, smart companies are...more

California Supreme Court Defines Scope of Advertising Injury Coverage

Hartford v. Swift imposes “specificity” requirements that may provide comfort to companies facing disparagement claims while requiring careful navigation to trigger CGL policies. The California Supreme Court recently...more

You May Have Stolen the Advertising Database, But You Still Have No Advertising Idea

In Liberty Corporate Capital Ltd. v. Security Safe Outlet, 2014 WL 3973726 (6th Cir. August 15, 2014), the Sixth Circuit Court of Appeals held that where a stolen customer database is used as the basis of an advertising...more

California Supreme Court Halts Creeping Expansion of Advertising Injury

Commercial general liability policies typically provide coverage for claims based on “personal and advertising injury.” Increasingly, enterprising insureds have invoked this coverage in connection with a variety of legal...more

New Mandatory Exclusions in Standard CGL Policies Limit Coverage for Data Breaches

The insurance industry continues to respond to the growing threat of data breaches by directing businesses facing that risk towards new, risk-specific cyber insurance products, while attempting to restrict coverage for data...more

Prior Publication Precludes Coverage for Advertising Injury

In Street Surfing, LLC v. Great American E&S Ins. Co., 752 F.3d 853 (9th Cir. 2014), the court held that the prior publication exclusion precluded coverage to Street Surfing, LLC (“Street Surfing”) for an underlying lawsuit...more

Denying Coverage Based on Advertising Injury, Court Finds Corporations are Not Persons

A New York appellate court recently found that a corporation is not the kind of "person" that can suffer a violation of privacy rights for purposes of advertising injury coverage. In Sportsfield Specialties, Inc. v. Twin City...more

At the Crossroads - Brand integration deals involve copyright, trademark, and insurance considerations

At the crossroads of Hollywood Boulevard and Madison Avenue, a variety of legal and business issues must be considered and addressed in order to set the stage for a successful brand integration deal. In the historical...more

Federal Court Undresses Urban Outfitters in Personal and Advertising Injury Coverage Dispute

In OneBeacon America Ins. Co. v. Urban Outfitters Inc., 2014 WL 2011494 (E.D.Pa. 2014), the Eastern District of Pennsylvania analyzed the application of “personal and advertising injury” coverage to alleged violations of...more

Insurance Recovery Law - July 2014

Second Circuit: Insurer Must Defend Where Factual Allegations Create a Possibility of Coverage - Why it matters: In a recent pro-policyholder decision, the Second Circuit, applying New York law, reminded...more

Policyholders Fight to Preserve Precedent But Court Limits Coverage For Implied Disparagement

On June 12, 2014, the California Supreme Court, in Hartford Casualty Ins. Co. v. Swift Distribution Inc. 59 Cal. 4th 277 (2014), issued its long awaited opinion affirming an appeal of a ruling that at first blush appeared to...more

California Supreme Court Refines the Tort of Commercial Disparagement

On June 12, 2014, the California Supreme Court issued its decision in the closely watched case of Hartford Casualty Insurance v. Swift Distribution, Inc., S207172. I reported on the Court of Appeals decision last year on...more

Insurance Coverage – Personal & Advertising Injury – Trade Disparagement

Hartford Casualty Insurance Co. v Swift Distribution, Inc. - California Supreme Court (June 12, 2014) - Commercial liability policies provide coverage for “personal and advertising injury.” This term typically...more

State Farm’s Relentless Pursuit to Deny Coverage for TCPA Cases

As policyholder lawyers, one can usually count on a few basic mistakes that insurers will make. First, they wrongfully deny coverage and fail to defend. They abandon their insured who is then left to its own devices to...more

California Supreme Court Addresses Coverage for Product Disparagement

In its recent decision in Hartford Casualty Insurance Company v. Swift Distribution, Inc., 2014 Cal. LEXIS 3765 (Cal. June 12, 2014), the California Supreme Court had occasion to consider the type of statements that qualify...more

Rising up from the Trenches: Ninth Circuit Broadly Interprets Breach of Contract Exclusion in Trademark Infringement Case

On May 23, 2014, the Ninth Circuit upheld a California district court decision that broadly interpreted the breach of contract exclusion in a commercial general liability policy to preclude coverage for all personal and...more

Illinois “Blasts” Non-TCPA Causes of Action Out of Coverage

In G.M. Sign, Inc. v. State Farm Fire & Cas. Co., 2014 IL App (2d) 130593 (May 2, 2014), the Illinois appellate court enforced a policy’s Violation of Statutes Exclusion endorsement to preclude coverage for a settlement...more

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