Risk and Recovery

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Category Archives: Advertising Injury Liability

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Sixth Circuit Says Misappropriation of Customer List Not Insured Under Advertising Injury Liability Coverage

The Sixth Circuit Court of Appeals recently ruled that Liberty Corporate Capital did not have to defend a firearms retailer in a lawsuit alleging that the retailer improperly obtained and used its competitor’s customer list to send e-mail blasts about its own products.  The customer list did not qualify as a misappropriated “advertising idea,” according … Continue Reading

California Supreme Court Clarifies an Insurer’s Duty to Defend in Disparagement Cases

Advertising injury liability coverage offered under commercial general liability (“CGL”) policies is aimed at protecting companies against claims, often brought by competitors, alleging harm by purportedly derogatory statements in the policyholder’s advertisements.  The statements, however, need not be expressly disparaging.  Suits alleging that an ad implies the inferiority of a competitor’s product may trigger coverage.  … Continue Reading
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