Archives: Advertising injury

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Enforcing insurance coverage for “intentional” torts

I have in my office a copy of a Travelers claims manual from the 1980s. In discussing the duty to defend, the manual says, in part: “Ambiguity…means that the words are capable of being understood in two or more reasonably logical ways. Ambiguity should be resolved in favor of the insured. Prompt decisions must be … Continue Reading

Enforcing insurance coverage for “intentional” business torts

The other day, I was talking with a lawyer who represented a plaintiff in litigation relating to a failed business transaction. He was lamenting the fact that, if he were to take judgment against the defendants, there wouldn’t be insurance to help satisfy the claim, since, according to him, “no insurance company is ever going … Continue Reading

Advertising Injury Coverage and “Implied Disparagement”

Insurance claims personnel have a natural, probably genetic, aversion to certain topics.  One of them is insurance coverage for “advertising injury.”  So, if your advertising injury claim is in any way unusual, chances are that as a policyholder you’re going to run into trouble with your carrier. Some brief background:  Commercial general liability policies typically … Continue Reading

Advertising Injury Coverage

In no particular order, the three areas of liability claim that seem to make carriers the most unhappy (or suspicious) are (1) employment claims; (2) environmental claims; and (3) “Coverage B”-type claims (intellectual property, false advertising, etc.).  The Great Pomegranate Wars fall into category (3).  (I should note for accuracy that “Coverage B” is a … Continue Reading

Late Notice of Claim

In my experience, there are three main reasons why companies delay in giving notice to their carriers of potentially covered claims.  First, the underlying suit is an “oddball,” such as an intellectual property claim, that the risk manager thinks isn’t covered.  Second, the company is worried that its premiums will rise.  Third, the person responsible … Continue Reading

Insurance coverage for intellectual property lawsuits

Most lawyers brag about the cases they’ve won.  I prefer to pick apart the ones I’ve lost.  It’s cathartic. The subject of general liability insurance coverage for supposed intellectual property offenses is hotly contested.  Depending on the “personal injury” and “advertising injury” coverage forms used in a particular policy, for example, insurance may exist for … Continue Reading

Recovering attorneys’ fees

Absent a specific law or contractual provision, American courts generally follow the “American Rule,” meaning that each side pays its own legal fees.  Seems unfair that when a company buys a liability insurance policy, it still may have to hire lawyers to sue the carrier and secure the paid-for defense of an underlying action.  New … Continue Reading
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