News & Analysis as of

Duty to Defend Patents

Cozen O'Connor

Store Display Can Be An “Advertisement” Under Coverage B

Cozen O'Connor on

In Hershey Creamery Company v. Liberty Mutual Fire Insurance Company and Liberty Insurance Corporation, No. 1:18-CV-694, 2019 WL 1900397 (M.D. Penn. May 6, 2019) the court found that a self-serve milkshake machine and related...more

Carlton Fields

Second Circuit Holds “Offering For Sale” Is “Advertising Injury” Under CGL Policy, But Allegation Not Enough to Trigger Duty to...

Carlton Fields on

Several months ago we blogged about the duty to defend advertising injury claims under commercial general liability (CGL) policies, noting that many courts continue to struggle with the practical application of basic duty to...more

Jones Day

CGL Insurance Coverage for Advertising Injuries: Upping the Ante for IP Litigation

Jones Day on

August 2017 In Short The Situation: Reversing a pair of federal district court rulings, the Fifth and Ninth Circuits have held that insurers must defend commercial general liability policyholders in advertising injuries...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

Nossaman LLP

Policyholders Fight To Preserve Precedent

Nossaman LLP on

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

Farella Braun + Martel LLP

General Liability Policies May Cover Antitrust, Patent and Other Business Litigation - Part 2

In a prior post, we explained how a general liability policy may cover antitrust, patent, trade secret and other business litigation claims, if there are allegations that insured made negative comments about the other party’s...more

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