News & Analysis as of

Advertising › Duty to Defend

Rivkin Radler LLP

There’s Coverage for That? The ‘Ins & Outs’ of Personal & Advertising Injury Coverage

Rivkin Radler LLP on

Michael Cannata and Frank Misiti wrote, “There’s Coverage for That? The ‘Ins and Outs’ of Personal and Advertising Injury Coverage” for the Summer 2025 issue of USLAW Magazine. The story explains “personal and advertising”...more

Rivkin Radler LLP

Insurance Update - February 2022

Rivkin Radler LLP on

Causation, an issue courts often wrestle with when deciding insurance coverage issues, lands the starring role in our February Insurance Update. •A county experienced higher costs due to the opioid crisis. Does its...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

Rivkin Radler LLP

New York Insurance Coverage Law Update

Rivkin Radler LLP on

Second Circuit Finds Coverage Where Insurer Unreasonably Delayed In Seeking Rescission and Its Exclusions Did Not Apply WW Trading was sued and sought coverage from United States Liability Insurance Company (USLI) which...more

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

K&L Gates LLP

Highest Massachusetts Court Confirms Coverage for “Advertising Injury” Claims Based on Use of a Name

K&L Gates LLP on

In a case of nationwide first impression, the Massachusetts Supreme Judicial Court ruled in favor of K&L Gates LLP’s client, Vibram Corporation (“Vibram”), by holding that allegations regarding Vibram’s use of a deceased...more

Foley & Lardner LLP

Insurers Must Pay Cost of Defending Case Stemming from Use of Famous Marathoner’s Name

Foley & Lardner LLP on

Vibram – seller of the “FiveFinger” shoes – took an intellectual property insurance coverage dispute to the highest court of Massachusetts, and won. The Supreme Judicial Court of Massachusetts held that the insurers must pay...more

Pillsbury - Policyholder Pulse blog

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

Pillsbury - Policyholder Pulse blog on

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

Perkins Coie

Facing TCPA Claims for Texting Advertisements? You May Also Have Some Insurance Coverage Concerns

Perkins Coie on

During this busy holiday shopping season, retailers may end up facing litigation under the Telephone Consumer Protection Act (TCPA) for sending advertisements to consumers’ cell phones. With large-scale litigation...more

Proskauer Rose LLP

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

Proskauer Rose LLP on

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

12 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide