News & Analysis as of

Duty to Defend Commercial General Liability Policies Disparagement

K&L Gates LLP

Trademark Infringement Claims – Does Your CGL Insurer Have a Duty to Defend? A Recent Third-Circuit Decision Says "Yes"

K&L Gates LLP on

Trademark infringement lawsuits are among the risks faced by businesses running comparative advertisements referring to a competitor’s products. When facing such a suit, policyholders should be sure to look to their...more

Farella Braun + Martel LLP

Disparagement Allegations May Trigger Valuable Coverage

A recent case we handled highlights the importance of reading a complaint’s allegations very carefully. Competitors in high-stakes litigation may file complaints and cross-complaints against each other alleging a variety of...more

JAMS

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

JAMS on

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

Proskauer - Insurance Recovery & Counseling

California Supreme Court Clarifies an Insurer’s Duty to Defend in Disparagement Cases

Advertising injury liability coverage offered under commercial general liability (“CGL”) policies is aimed at protecting companies against claims, often brought by competitors, alleging harm by purportedly derogatory...more

Latham & Watkins LLP

California Supreme Court Defines Scope of Advertising Injury Coverage

Latham & Watkins LLP on

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

Nossaman LLP

California Insurance Coverage Cases Raising Key Issues On The Horizon

Nossaman LLP on

This year, 2014, is lining up with interesting insurance coverage cases pending across the country which may lead to far reaching decisions. In California specifically, it is apparent to us that the Hartford Insurance...more

Farella Braun + Martel LLP

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

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