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Professional services exclusion ambiguous as to service not specified within exclusion
  • Wiley Rein LLP
  • USA
  • December 13 2012

A New York trial court has held that a professional services exclusion is ambiguous as applied to art authentication services where the exclusion lists other unrelated services as examples of excluded activity

Fax blasting claims are covered under advertising injury provision, says Eighth Circuit
  • Simpson Thacher & Bartlett LLP
  • USA
  • October 12 2012

Previous Alerts have discussed the frequentlylitigated issue of whether a policyholder can access excess coverage when it has entered into a settlement with its primary insurer for an amount that is less than primary policy limits

Eighth Circuit weighs in on split of authority over coverage of TCPA claims under CGL policy’s advertising injury provision
  • Steptoe & Johnson LLP
  • USA
  • November 9 2012

In Owners Insurance Company v European Auto Works, Inc., 695 F.3d 814 (8th Cir. 2012), the Eighth Circuit, applying Minnesota law, affirmed the trial court’s entry of summary judgment for a general liability insurance policyholder, holding that a CGL policy’s “advertising injury” provision covered violations of the Telephone Consumer Protection Act (TCPA

Eighth Circuit holds that insurer need not defend trademark infringment action
  • Choate Hall & Stewart LLP
  • USA
  • July 30 2012

The US Eighth Circuit Court of Appeals ruled that an insurer had no duty to defend under an advertising liability policy that covered title or slogan infringement, but not trademark infringement, because the allegations and evidence showed only that the underlying plaintiff marketed its products using the marknot that it used the mark as a title or slogan

Vernick - bad news for D&O insurers?
  • Fox Rothschild LLP
  • USA
  • August 1 2011

Scandal-plagued News Corp. Faces Lawsuits

Pennsylvania federal court addresses coverage for blast fax suit
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • September 27 2011

In Maryland Casualty Co. v. Express Products, Inc., 2011 U.S. Dist. LEXIS 108048 (E.D. Pa. Sept. 22, 2011), the United States District Court for the Eastern District of Pennsylvania considered whether an insured was entitled to coverage under a series of general liability policies for an underlying “blast fax” suit

'Cheese'-y comedy product not an advertising idea
  • Sedgwick LLP
  • USA
  • December 6 2011

The case of The Oglio Entertainment Group, Inc. v. Hartford Casualty Ins. Co., 200 Cal. App. 4th 573 (2011), analyzes the distinction between copying an advertising idea and copying a product that is advertised in the context of liability insurance coverage for "personal and advertising injury."

Privacy, publicity and intellectual property: 3 rights made Aroa wrong
  • Archer Norris
  • USA
  • November 30 2011

Recently, the California Court of Appeal for the Second Appellate District issued its opinion in Aroa Marketing, Inc. v. Hartford Insurance Company of the Midwest (2011) 11 C.D.O.S. 10837

Playstation hack - do Sony’s CGL policies apply?
  • Locke Lord LLP
  • USA
  • July 29 2011

Sony insurers are engaged in litigation in New York state court to determine Sony entities’ claims for insurance coverage with respect to lawsuits, claims and potential attorney general actions arising out of the cyber-attacks earlier this year on the PlayStation Network (“PSN”), Sony Online Entertainment Network (“SOE”) and Sony Pictures Network, which allegedly resulted in unauthorized access to and alleged theft of personal identification and financial information of millions of customers

Legal issues arising from nonprofit organizations’ use of social media
  • Whiteford Taylor & Preston LLP
  • USA
  • September 9 2011

There is no denying that social media’s importance to organizations, including nonprofit organizations and associations, is growing exponentially