Category Archives: insurance

When is a house an advertisement?

Mid-Continent Casualty Co. v. Kipp Flores Architects, L.L.C., No. 14-50649 (5th Cir. Feb. 26, 2015)   KFA, an architecture firm, got a judgment in a jury trial against a builder, Hallmark Design Homes, for copyright infringement for building hundreds of … Continue reading

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failure to conform exclusion precludes insurance coverage of false advertising

General Star Indem. Co. v. Driven Sports, Inc., — F.Supp.3d —-, 2015 WL 307017, No. 14–CV–3579 (E.D.N.Y. Jan. 23, 2015)   General Star issued an insurance policy to Driven, which sold a “pre-workout energy supplement” called “Craze.” Driven was sued … Continue reading

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Use of mark on product isn’t "ad" for insurance purposes

Crum & Forster Specialty Ins. Co. v. Willowood USA, LLC, No. 6:13–cv–01923, 2014 WL 3797673 (D. Or. Aug. 1, 2014) Willowood was sued for trademark infringement and related causes of action by a former licensor, and sought insurance coverage.  The … Continue reading

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Website statements aren’t trade dress for insurance purposes

Test Masters Educational Services, Inc. v. State Farm Lloyds, 2014 WL 2854536, No. H–13–1706 (S.D. Tex. June 23, 2014) Test Masters offers test prep services.  It was involved in a series of lawsuits by and against third party competitor Singh.  … Continue reading

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infringement isn’t disparagement for advertising injury purposes

Hartford Casualty Ins. Co. v. Swift Distribution, Inc., No. S207172, 2014 WL 2609753 (Cal. June 12, 2014) The California Supreme Court here provides a relatively rare state court interpretation of the scope of an advertising-related insurance policy.  Hartford insured Swift … Continue reading

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Uncertainty over trade dress triggered insurer’s duty to defend

Bridge Metal Indus., LLC v. The Travelers Indemnity Co., No. 11–4228, 2014 WL 928876 (2d Cir. Mar. 11, 2014) The court of appeals affirmed the district court decision finding trade dress to be “title” for purposes of an advertising injury … Continue reading

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Firm that refers instead of represents might be falsely advertising

Larry Pitt & Associates v. Lundy Law, LLP, No. 13–2398, 2013 WL 6536739 (E.D. Pa. Dec. 13, 2013) The parties compete to represent clients in the greater Philadelphia area, primarily in the fields of “small personal injury, social security disability, … Continue reading

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Delay notifying insurer until after $13.5 million verdict probably harmless

National Union Fire Ins. Co. of Pittsburgh, Pa. v. Mead Johnson…, — F.3d —-, 2013 WL 5788652 (7th Cir. 2013) An advertising injury case from Posner, with a bonus picture from the underlying dispute … and it’s not even my … Continue reading

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