On May 20, 2021, the Supreme Court of Illinois upheld the state appellate decision finding that that West Bend Mutual Insurance Company must defend its insured, a tanning salon, against a class-action lawsuit claiming violation of the Biometric Information Privacy Act (BIPA) under two business owners’ liability policies.
Continue Reading Insurer ‘Burned’ by Illinois Supreme Court Decision Regarding Tanning Salon’s Coverage for Biometric Information Disclosure
Advertising Injury
Michigan Federal Court Rules Advertising Injury Coverage Could Apply To Accusations Of Copyright Infringement
By Patrick M. McDermott on
Posted in General Liability
On March 22, 2019, a federal judge in Michigan found in Alticor Global Holdings, Inc. v. America Int’l Specialty Lines Ins. Co., that claims of copyright infringement by several major record labels are potentially covered under liability policies issued by AIG. Alticor involved a claim for coverage stemming from suits by a group of entertainment companies against Amway, “accusing it of infringing hundreds of copyrighted sound recordings.” Amway sought coverage from its umbrella insurer, AIG. AIG claimed that the personal injury and advertising injury coverage did not apply because “coverage extends only to advertisements of a Named Insured,” i.e., Amway, and the underlying suit related to advertisements of Amway independent business owners.
…
Continue Reading Michigan Federal Court Rules Advertising Injury Coverage Could Apply To Accusations Of Copyright Infringement
Massachusetts High Court Says Use of Olympian’s Name Is Covered “Advertising Idea,” Not An Excluded IP Violation
By Michael S. Levine on
The Massachusetts Supreme Judicial Court recently construed the undefined term “advertising idea” in a case of first impression in the Commonwealth, holding that a footwear company’s insurers must provide a defense against an underlying claim alleging unfair use of a former Olympian’s name to promote a line of running shoes.
…
Continue Reading Massachusetts High Court Says Use of Olympian’s Name Is Covered “Advertising Idea,” Not An Excluded IP Violation
No Easy Out For AIG in $67 Million Antitrust Coverage Suit
By Michael S. Levine on
A federal court in New Jersey recently held that the construction of an ambiguous policy term is not a matter suitable for judgment on the pleadings, thus denying AIG from avoiding coverage for a $67 million antitrust settlement. Rather, the only way to establish the meaning of an ambiguous term, the court explained, is to ascertain the intent of the parties, which requires “meaningful discovery.”
…
Continue Reading No Easy Out For AIG in $67 Million Antitrust Coverage Suit
“Think Hard Before Saying No”: Ninth Circuit Disparagement Coverage Ruling Gives Policyholders A Lifeline In Settlement Negotiations Involving Excess Insurers
By Hunton Andrews Kurth LLP on
The Ninth Circuit in Teleflex Medical Incorporated v. National Union Fire Insurance Company of Pittsburgh PA, No. 14-56366 (9th Cir. Mar. 21, 2017) affirmed a jury verdict finding that AIG must pay $3.75 million in damages plus attorneys’ fees to cover LMA North America, Inc.’s (“LMA’s”) settlement with its competitor over allegedly disparaging advertisements that characterized a competitor’s products as unsafe.
…
Continue Reading “Think Hard Before Saying No”: Ninth Circuit Disparagement Coverage Ruling Gives Policyholders A Lifeline In Settlement Negotiations Involving Excess Insurers
If a Data Breach Occurs and Nobody Reads It, Does It Constitute “Publication”?
By Syed S. Ahmad & Michael S. Levine on
Syed Ahmad, a partner in the Hunton & Williams LLP insurance recovery practice, was quoted in an article by Law360 concerning the Fourth Circuit’s April 11, 2016 decision in Travelers Indemnity Company v. Portal Healthcare Solutions, No. 14-1944. In the decision, a panel of the Fourth Circuit affirmed the decision of a Virginia district…