Tag Archives: insurance

“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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advertising injury insurance covers false advertising/patent case despite exclusions

Posted on December 9, 2020 by rtushnet

In re Indian Harbor Ins. Co. v. SharkNinja Operating LLC, No. N20C-02-014 PRW CCLD (Del. Super. Ct. Nov. 19, 2020) Indian Harbor provided SharkNinja with personal and advertising injury insurance; it was sued for false advertising and patent infringement by … Continue reading →

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insurer must defend Expedia because its false advertising exclusion didn’t cover false claims about hotels

Posted on September 14, 2020 by rtushnet

National Union Fire Ins. Co. v. Expedia, Inc., 2020 WL 5369261, No. C19-0896RSL (W.D. Wash. Sept. 8, 2020) While receiving bad news in the underlying false advertising claims (watch this space), Expedia did manage to keep its insurer involved in … Continue reading →

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Ordinary false advertising isn’t disparagement for insurance purposes

Posted on April 13, 2017 by rtushnet

Vitamin Health, Inc. v. Hartford Casualty Ins. Co., — Fed.Appx. —-, 2017 WL 1325263, No. 16-1724  (6th Cir. Apr. 11, 2017) Vitamin Health makes products intended to reduce the risk of developing age-related macular degeneration, advertising that its products contain … Continue reading →

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