In a case decided by the 11th Circuit on September 19th, Trailer Bridge, Inc. sought coverage under the "personal and advertising injury" component of its commercial general liability policy for antitrust claims leveled against it. The company argued that the CEO's statement to an investor group regarding how prices were set constituted "advertising." The appellate court affirmed the District Court's grant of summary judgment for the insurance company, holding that the CEO's statement was not "advertising" and did not involve use of "another's advertising idea," as required under the policy. Moreover, the antitrust action did not seek recovery for misappropriation of an "advertising idea." Trailer Bridge, Inc. v. Illinois National Ins. Co.
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Antitrust claims are not "personal and advertising injury."
- Winston & Strawn LLP
- September 28 2011
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