News & Analysis as of

False Advertising Duty to Defend

Cozen O'Connor

The Third Circuit Finds Defense Owed for Potentially Covered Advertising Injury

Cozen O'Connor on

On January 5, 2022, the Third Circuit confirmed that the “potentially covered” standard for the duty to defend is far broader than the “actually covered” standard for the duty to indemnify, also confirming that the duty to...more

Miller Nash LLP

Third Circuit Finds That Allegation of False Comparative Advertising Triggers Duty To Defend

Miller Nash LLP on

Most commercial liability policies provide what is known as “personal and advertising injury” coverage, which usually provides coverage for claims that an insured’s advertising defamed or disparaged another person’s or...more

Wiley Rein LLP

Insurer Has Duty to Defend Lanham Act “False Advertising” Claims Despite False Advertising and Trademark Exclusions

Wiley Rein LLP on

The United States District Court for the Western District of Washington, applying Washington law, has held that exclusions for false advertising and trademark infringement in a media liability policy did not bar defense...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 8, 2020

Carlton Fields on

Real Property Update - Foreclosure: Trial court erred in granting summary final judgment of foreclosure as lender failed to properly prove amounts due by competent substantial evidence - CDC Capital Invs., LLC v. Bayview...more

Jones Day

Massachusetts High Court Expands Insurance Coverage for False Advertising Lawsuits

Jones Day on

The Situation: False advertising lawsuits between competitors under the Lanham Act can be expensive to defend. While there are strong arguments that standard liability insurance policies may cover such claims, insurers...more

Pillsbury - Policyholder Pulse blog

Notice Anything Fishy? – Preserving Your Coverage Claims with Diligent Notice

Recently the Eleventh Circuit spent a lot of ink discussing how the marketing and sale of sashimi-grade tuna is affected when myoglobin reacts with oxygen to produce oxymyoglobin, and with carbon monoxide to form...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

Orrick, Herrington & Sutcliffe LLP

Policyholder Observer

Encryption Flaw "Heartbleed" Creates Data Risk: How Insurance Can Stanch the Bleeding - In early April, news broke of an encryption flaw named “Heartbleed” that exposed companies to data breaches for over two and one...more

Manatt, Phelps & Phillips, LLP

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

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