Commercial General Liability Dispatch

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personal and advertising injury

Ohio Court: Use of Actresses’ Images Potentially Alleges Implied Defamation Claim Covered As “Personal And Advertising Injury”

In AIX Specialty Ins. Co. v. BigLimo, Inc., No. 3:21-cv-08, 2021 WL 2708902 (S.D. Ohio June 30, 2021) the United States District Court for the Southern District of Ohio concluded an insured nightclub’s unauthorized use of the pictures of two models… Continue Reading →

Missouri Court Holds No Coverage For Wrongful Installation Of Fiber Optic Cable On Easement

In Navigators Ins. Co. v. American Home Assurance Co., 2019 WL 2583253, — S.W.3d —- (Mo. Ct. App. 2019), the Missouri Court of Appeals held that a commercial general liability insurance policy provided no coverage for claims that an electrical… Continue Reading →

First Circuit Sinks Its Teeth Into Application Of Intellectual Property Exclusion, Finding It Precludes Coverage For Suit Between Dental Product Competitors

In Sterngold Dental, LLC v. HDI Global Insurance Company, ___ F.3d___, 2019 WL 2754185 (1st Cir. 2019), the First Circuit was presented the opportunity to address how to construe “the scope of the so-called intellectual property exclusion (IP exclusion) to the… Continue Reading →

West Virginia District Court Holds that “Wrongful Eviction” Offense Requires a Possessory Interest to Implicate “Personal and Advertising Injury” Liability Coverage

In Grand China Buffet & Grill, Inc. v. State Auto Property & Casualty Co., 1:16cv159, 2017 WL 2129307 (N.D. W.Va. May 16, 2017), the U.S. District Court for the Northern District of West Virginia held that underlying claims relating to… Continue Reading →

Illinois Court Finds Statements About An Advertiser’s Own Product Do Not Disparage Others’ Products

False advertising claims do not always trigger “advertising injury” coverage for product disparagement.  Some courts have found that an advertisement that uses comparative language indirectly referencing a competitor’s product may qualify as material that “disparages” another’s “products” even if it… Continue Reading →

Maryland Federal Court Follows Other Jurisdictions In Finding No Coverage For Claims Of Implied Disparagement

In Unwired Solutions, Inc. v. Ohio Security Insurance Co., Case No. Case 1:16-cv-00405-CCB (D. Md. 2017), Ohio Security denied owing any defense or indemnity obligation to its insured, Unwired Solutions, Inc. dba Linq Services, Inc. (“Linq”) for an underlying action… Continue Reading →

Northern District of Illinois Finds Intellectual Property Exclusion Bars Coverage for All Claims in Trade Secret Violation Case

In Sentinel Insurance Co. v. Yorktown Industries, Inc., the claimant filed an underlying action against the insured alleging that the insured hired the claimant’s employees, stole the claimant’s confidential business information, including its customer list and sales information, and used… Continue Reading →

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