Duty to Indemnify – Personal and Advertising Injury– New Appleman on Insurance Law Library Edition, Chapter 19

By Sherilyn Pastor, Partner, McCarter & English, LLP As a consequence of competition, companies increasingly face business tort claims such as misappropriation of trade secrets, false advertisement, patent or copyright infringement, disparagement, and trademark or trade dress infringement. When...

Duty to Indemnify – Personal and Advertising Injury– New Appleman on Insurance Law Library Edition, Chapter 19

By Sherilyn Pastor, Partner, McCarter & English, LLP As a consequence of competition, companies increasingly face business tort claims such as misappropriation of trade secrets, false advertisement, patent or copyright infringement, disparagement, and trademark or trade dress infringement. When...

Videocast: Scott Godes and Richard Bortnick Face Off On: Cyber Insurance for Data Breaches and Advertising Injury, and Defining Publication

Two highly experienced insurance coverage attorneys - Scott Godes of Dickstein Shapiro and Richard Bortnick of Cozen O'Connor - faced off during the "NetDiligence Cyber Risk & Privacy Liability Forum" held in Philadelphia on June 7 and 8, 2010. Hear what they had to say about coverage...

Intellectual Property Insurance – New Appleman on Insurance Law Library Edition, Chapter 30

By David A. Gauntlett, Principal, Gauntlett & Associates A limited number of insurers have historically offered insurance coverage for intellectual property claims, initially focused on reimbursement of litigation expenses in the pursuit of patent infringement lawsuits and then expanded to their...

McCarter & English on CGL Coverage for Advertising Injury: New Jersey Appellate Panel Weighs in on Blast Fax Coverage

By Louis A. Chiafullo and Brett D. Kahn, Attorneys, McCarter & English, LLP The New Jersey Appellate Division's recent decision in Penn National Company v. Group C Communications may help policyholders secure coverage for Advertising Injury liability. The opinion helps to explain the meaning...

California Appellate Court Upholds Trial Court’s Dismissal of a Coverage Claim for an Alleged Advertising Injury

By Kimberly L. Buffington , Partner, Pillsbury Winthrop Shaw Pittman LLP In Oglio Entertainment Group, Inc. v. Hartford Casualty Insurance Company , 200 Cal. App. 4th 573 (2011), the California Court of Appeal concluded that an entertainment company's insurance policy covering "personal...

Second Circuit Holds No Duty to Defend Intellectual Property Claim

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision titled Feldman Law Group v. Liberty Mut. Ins. Co., 2012 U.S. App. LEXIS 7787 (2d Cir. Apr. 18, 2012) , the United States Court of Appeals for the Second Circuit, applying Pennsylvania law, had occasion to...

Reed Smith LLP on Developments and New Directions in Coverage for Claims Related to the Telephone Consumer Protection Act

By John S. Vishneski, III and Robert Deegan, Attorneys, Reed Smith LLP The Telephone Consumer Protection Act (the "TCPA"), 47 U.S.C. § 227, et seq . , protects consumers from unwanted calls, faxes, and text messages. This commentary first looks at insurance coverage claims relating...

Advertising Injury Coverage: Defense by Independent Counsel Dangerous

In June 2006, Theodore W. Lay, d/b/a Ted Lay Real Estate Agency (Lay), faxed an advertisement in regard to the sale of a particular property to Locklear Electric, Inc. (Locklear), and others. Because the facsimile message (fax) recipients had not given permission to receive these messages, Lay violated...

No Coverage — No Duty to Defend: Personal Injury Offenses Must Be Alleged

Business relationships are often contentious. When a contract to sell a product devolves into a dispute by selling the product under a slightly different name, suits are filed. Insurance is designed to protect the party insured against certain enumerated causes or risks of loss. However, no policy provides...