Tag Archives: insurance

“unfair competition” CGL insurance exclusion applies only to competitor claims, not consumer claims

Posted on December 1, 2025 by rtushnet

Athena Cosmetics, Inc. v. Great American E&S Ins. Co.,  2025 WL 3304392, No. 2:24-cv-08010-AH-AGRx (C.D. Cal. Nov. 24, 2025) Three underlying putative class actions targeted Athena’s sale of “lash enhancement serums from Athena that contained compounds found in prescription drugs … Continue reading →

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court finds advertising injury insurance coverage in false association case despite consumer fraud and other exclusions

Posted on July 25, 2025 by rtushnet

Illinois Casualty Co. v. Kladek, Inc., No. 22-3214 (DWF/DJF), 2025 WL 2071043 (D. Minn. Jul. 23, 2025) ICC sought declaratory judgment that it didn’t have to defend (or indemnify) its insured in a Lanham Act false association lawsuit brought by … Continue reading →

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GIs can be indications of quality for purposes of applying failure-to-conform exclusion to advertising injury insurance policy

Posted on July 8, 2025 by rtushnet

Allied World Nat’l Assur. Co. v. NHC, Inc., 2025 WL 1852789, No. 22-00469 MWJS-WRP (D. Haw. Jul. 3, 2025) Nice to see good old-fashioned legal reasoning in these times. In the underlying lawsuit, class plaintiffs alleged that MNS falsely advertised … Continue reading →

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adult venue’s insurer did not successfully exclude ads from ad injury coverage

Posted on March 28, 2024 by rtushnet

Princeton Excess & Surplus Lines Ins. Co. v. R.I. Cranston Entertainment Inc.; 2024 WL 1285631, C.A. No. 21-63-JJM-PAS (D.R.I. Mar. 26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various … Continue reading →

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no duty to defend despite allegations of label copying; but insurers can’t recoup defense costs already spent

Posted on July 19, 2023 by rtushnet

Continental Casualty Company v. Winder Laboratories, LLC, — F.4th —-, 2023 WL 4504183, No. 21-11758 (11th Cir. Jul. 13, 2023) Winder, a generic pharma manufacturer, sought insurance coverage for a false advertising lawsuit. The court of appeals affirmed the finding … Continue reading →

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Advertising injury policy’s IP exclusion means ROP claims aren’t covered

Posted on June 26, 2023 by rtushnet

Covington Specialty Insurance Company v. Omega Restaurant & Bar, LLC, — F.Supp.3d —-, 2023 WL 2720805, No. 2:21-cv-247 (E.D. Va. Mar. 30, 2023) This is fallout from one of the many right of publicity etc. lawsuits against clubs for advertising … Continue reading →

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“advertising injury” insurance exclusion doesn’t exclude false advertising claims

Posted on October 5, 2021 by rtushnet

Luxottica, Inc. v. Allianz Global Risks US Ins. Co., 2021 WL 4226197, No. 1:20-cv-698 (S.D. Ohio Jul. 28, 2021) Mostly this case is about other things, but the court finds a duty to defend in the underlying false advertising case. … Continue reading →

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CA prohibition of insurance coverage for certain consumer protection cases is constitutional

Posted on September 29, 2021 by rtushnet

Adir Int’l, LLC v. Starr Indemnity & Liability Co., 994 F.3d 1032 (9th Cir. Apr. 15, 2021) California’s AG sued Adir for violating state consumer protection laws based on conduct at its retail stores that allegedly exploited its mainly low-income, … Continue reading →

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3 things that all mean the same thing: a slogan isn’t a TM for ad injury insurance purposes

Posted on August 9, 2021 by rtushnet

Travelers Indemnity Co. v. Luna Gourmet Coffee & Tea Co., 2021 WL 1293314, No. 19-cv-02039-RM-NYW (D. Colo. Apr. 7, 2021) The underlying litigation involves class actions against coffee distributors, wholesalers, and retailers arising out of the allegedly misleading use of … Continue reading →

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American Merck and German Merck’s TM battle doesn’t involve covered “advertising injury”

Posted on January 12, 2021 by rtushnet

EMD Millipore Corp. v. HDI-Gerling Am. Ins. Co., 2021 WL 66441, No. 20-cv-10244-ADB (D. Mass. Jan. 7, 2021) Is trademark infringement (or similar) “advertising injury” because a trademark is an advertising idea? I’ve always thought that’s the core of what … Continue reading →

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