Advertising Injury Coverage: Arguing Positions for False Advertising, Product Disparagement and IP Disputes
Policyholder and Insurer Perspectives on the Scope of Coverage and Policy Exclusions Under CGL Policies
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss the scope of the personal and advertising injury coverage under CGL policies for false advertising, product disparagement and other IP claims, how courts interpret policy exclusions, most recent case law developments, and best practices for policyholders and insurers to argue their respective coverage positions.
- Overview of personal and advertising injury claims and exclusions
- Coverage for false advertising claims
- Coverage for product disparagement claims
- Coverage for IP claims
- Recent case law developments
The panel will review these and other key questions:
- How have courts interpreted the scope of coverage for false advertising and disparagement claims under the personal injury and advertising injury liability coverage?
- What is the likely impact of the recent California Supreme Court decision in Hartford Casualty v. Swift Distribution on future product disparagement coverage claims?
- What are recent case law developments in advertising injury coverage for copyright, trademark infringement, infringement of title and slogan, and “use of another’s advertising idea in your advertisement”?
- How broadly or narrowly have the courts treated possible exclusions for IP coverage claims, including a discussion of the IP exclusion, the unauthorized use exclusion, and the two tests for the application of the prior publication exclusion?
Michael S. Savett
Nelson Brown & Co.
With nearly 20 years experience representing insurers in complex matters and serving in-house at an insurance company,... | Read More
With nearly 20 years experience representing insurers in complex matters and serving in-house at an insurance company, Mr. Savett offers his clients a comprehensive understanding of their coverage and bad faith issues. He draws upon his background to strategically advise insurers on issues involving commercial liability, environmental, property, D&O, and professional liability. He also applies his unique industry perspective when providing first- and third-party coverage analysis, and litigation advocacy.Close
Mr. Scheuermann advises and litigates on behalf of major corporate enterprises faced with strategic litigation... | Read More
Mr. Scheuermann advises and litigates on behalf of major corporate enterprises faced with strategic litigation challenges. In this role, he develops, coordinates and implements larger strategic responses to such challenges. practice concentrates in commercial litigation. One of Mr. Scheuermann’s areas of emphasis is litigation and counseling on insurance coverage matters. His insurance coverage experience includes litigating and negotiating complex insurance coverage cases involving toxic torts, environmental claims, property damage claims, employment-related claims, lending discrimination claims, advertising injury claims, and employers’ liability claims.Close