Judge: Alleged False Statements About Prescription Patch Are Covered Under Policy

Judge: Alleged False Statements About Prescription Patch Are Covered Under Policy

CHICAGO - Underlying claims that an insured made false statements about a competitor's prescription patch trigger an insurer's duty to defend under the policy's "advertising injury" coverage resulting from disparagement, an Illinois federal judge ruled May 10, rejecting the insurer's contention that two policy exclusions bar coverage (JAR Laboratories LLC v. Great American E&S Insurance Co., No. 12 C 7134, N.D. Ill.; 2013 U.S. Dist. LEXIS 67516).

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