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


Conducted on Wednesday, August 20, 2014

Recorded event now available

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Program Materials

This CLE webinar 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.

Description

The past several years have seen a boom in false advertising and IP litigation between business competitors. When policyholders have turned to their carriers for coverage, the result often has been a dispute over insurance coverage for these claims. The law is unsettled across the country for many business tort coverage issues. 

With respect to misleading claims about a competitor’s product, for example, some jurisdictions allow a disparagement claim even when the competitor and its product are not identified. On the other hand, in a recent and important decision, the California Supreme Court ruled that insurers need only defend claims when the statement identifies or clearly implicates the competitor’s product or business. The California Supreme Court’s decision has been much in the news and its reasoning and implications will be discussed in this webinar.

The personal and advertising injury coverage contains broad coverage for IP claims which allege that the insured has “used another’s advertising idea in its advertisement” or has infringed another’s copyright, trade dress, or slogan.  Under such language courts have found coverage for claims of patent infringement, copyright infringement, common law misappropriation, theft of trade secrets, and trademark and trade dress infringement. The proliferation of e-commerce and the Internet has expanded advertising dramatically and magnified the importance of coverage for IP claims.

Listen as our authoritative panel of attorneys discusses the scope of the personal and advertising injury coverage under CGL policies for false advertising, product disparagement, and 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.

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Outline

  1. Overview of personal and advertising injury claims and exclusions
  2. Coverage for false advertising claims
  3. Coverage for product disparagement claims
  4. Coverage for IP claims
  5. Recent case law developments

Benefits

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?  

Faculty

Michael S. Savett
Michael S. Savett

Partner
Nelson Brown & Co.

With nearly 20 years experience representing insurers in complex matters and serving in-house at an insurance company,...  |  Read More

James Scheuermann
James Scheuermann

Partner
K&L Gates

Mr. Scheuermann advises and litigates on behalf of major corporate enterprises faced with strategic litigation...  |  Read More

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