News & Analysis as of

Personal and Advertising Injury Coverage

Second Circuit Holds Insurers Have Duty to Defend Data Trap Lawsuit

In its recent decision in Nat’l Fire Ins. Co. v. E. Mishan & Sons, Inc., 2016 U.S. App. LEXIS 10151 (2d Cir. June 1, 2016), the United States Court of Appeals for the Second Circuit, applying New York law, had occasion to...more

Fourth Circuit Finds Insurer Must Defend Data Breach Claims Against Its Insured Under Its Standard CGL Policy

by McCarter & English, LLP on

Commercial General Liability policies have, for several decades, included advertising and personal injury coverage. Such coverage is afforded for injury caused by various enumerated offenses, including breach of privacy....more

No Fresh Wrong, No Duty to Defend - Hanover Ins. Co. v. Urban Outfitters, Inc.

by McDermott Will & Emery on

Where an alleged trademark infringement began 16 months before an insurance policy took effect, the U.S. Court of Appeals for the Third Circuit affirmed the district court’s decision that the insurer had no duty to defend or...more

Illinois Court Finds Coverage for Advertising Injury

In Selective Insurance Co. of the Southeast v. Creation Supply Inc., 2015 Ill. App. (1st) 140152-U, the Appellate Court of Illinois, First District, had occasion to consider whether an insured’s in-store retail displays of...more

Insurance Coverage for IP Claims: 2013’s Coverage Hits

by K&L Gates LLP on

As policyholders look back at the insurance coverage landscape of 2013, a major take away point is that the courts continue to debunk the myth that there is no coverage for intellectual property claims under the advertising...more

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