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...

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...