Communications & Media Personal Injury Insurance

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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

Insurance Recovery Law - June 2014

Lab’s “Body Bag” Presentations Triggered Coverage For Defamation Claims: Why it matters - We’ve all sat through some pretty boring PowerPoint presentations. But the lesson from a recent decision: it might be a...more

Social Media — The Possibilities Are Endless!

Facebook. Instagram. YouTube. Twitter. LinkedIn. SnapChat. Flickr. Google+. Tumblr. WeChat. MySpace. WhatsApp. Reddit. The list of social media and networking sites goes on and on. It’s fairly common knowledge...more

ENT surgeons cut into each other – Common law qualified privilege in defamation

The New South Wales Court of Appeal in Prince v Malouf [2014] NSWCA 12 has recently overturned a District Court award of damages. The two parties, Dr Prince and Dr Malouf, were ear, nose and throat surgeons who, in...more

Insurance Recovery Law - Feb 18, 2014

Insurer Must Indemnify TCPA Settlement, Despite Lack of Involvement - Why it matters: In a closely watched case out of Illinois, an appellate court held that a $1.7 million settlement in a Telephone Consumer...more

Policyholders Fight To Preserve Precedent

In a case pending before the state Supreme Court, Hartford Casualty Ins. Co. v. Swift Distribution Inc., S207172, it seems the entire insurance industry has lined up in an effort to convince the high court that the rules...more

Insurance Recovery Law -- Jun 12, 2013

A Return to the Basics - Reading, understanding and interpreting an insurance policy can get pretty complicated. Coverage, exclusions, definitions, notice requirements, time limits – every provision of a policy can be...more

Insurance Recovery Law -- May 30, 2013

In This Issue: Do Your Homework; Repeated Sexual Abuse = Multiple Occurrences, Says New York’s Highest Court; 5th Circuit Holds Policy Covers EPA Suit; Competitor’s False Ad Suit Covered By Liability Policy; and...more

California To Draw The Lines In Disparagement Liability

The California Supreme Court has granted review of the Court of Appeal’s decision in Hartford Casualty Insurance Company v. Swift Distribution, Inc., 210 Cal. App. 4th 915 (2d Dist. Ct. App. Oct. 29, 2012), review granted 152...more

General Liability Policies May Cover Antitrust, Patent, and Other Business Litigation – Part 1

General liability insurance is frequently overlooked in business litigation. These policies, however, include coverage for “disparagement” and “malicious prosecution.” Both terms are construed broadly and may provide coverage...more

Jury Trials in the Age of Social Media

Social Media like Facebook is everywhere and impacts everything we do--including the jury trial process. In California, new jury instructions and admonitions have been adopted to face this development head on. However, the...more

Weekly Law Resume - August 30, 2012: Insurance Coverage – Trade Libel v Disparagement

Travelers Property Casualty Company of America v. Charlotte Russe Holding, Inc., et al. Court of Appeal, Second District (July 13, 2012) Personal injury coverage under most CGL policies provides coverage for claims...more

TCPA Claims Arising From Junk Faxes Do Not Allege Unexpected or Unintended 'Property Damage'

U.S. District Court for the Northern District of Illinois In Maxum Indem. Co. v. Eclipse Mfg. Co., ___ F.Supp.2d ___, (N.D. Ill. June 13, 2011), the U.S. District Court for the Northern District of Illinois held that...more

Insurance Law Update - The First Circuit Finds No Indemnification Based on the Plain Language of a Contract - February 2011

U.S. Court of Appeals for the First Circuit In Farmers Ins. Exchange v. RNK, Inc., ___F.3d ____, 2011 WL 183969 (1st Cir. (Mass.) January 21, 2011), the First Circuit Court of Appeals held that a telephone equipment...more

Funk & Bolton Mid-Atlantic Property & Casualty Reporter

Funk & Bolton's Coverage & Defense Practice Group provides advice and counsel to insurers in coverage and extra-contractual matters, product development and claim compliance, and defends claims and litigation matters....more

Unsolicited Fax Advertising Does Not Constitute an “Advertising Injury”

Superior Court of Pennsylvania In Telecommunications Network Design and Paradise Distributing, Inc. v. Brethren Mut. Ins. Co., ___ A.2d ___, 2010 WL 3294319 (Pa. Super. Aug. 23, 2010), the Superior Court of Pennsylvania...more

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