Advertising Injury
Advance Watch Company, Ltd. vs. Kemper National Insurance Company
Year: 1996
Court: U.S. Court of Appeals, 6th Circuit
Case Number: No. 95-1367/1387
Issue:
  • Advertising Injury
  • Trademark Infringement
State:
  • Michigan

Trademark infringement claims should be covered under standard form advertising injury policy.
Harleysville Mutual Insurance Company vs. Buzz Off Insect Shield
Year: 2008
Court: North Carolina Supreme Court
Case Number: 272A08
Issue:
  • Advertising Injury
  • Duty to Defend
State:
  • North Carolina

The policyholder’s ultimate liability has no bearing on the determination of whether an insurance company must defend the policyholder against a suit for “personal injury advertising injury.” Whether an insurance company has a duty to defend depends solely on the allegations contained in the underlying…
Lebas Fashion Imports of USA vs. ITT Hartford Insurance Group
Year: 1995
Court: California Court of Appeal, 2nd District
Case Number: B083983
Issue:
  • Advertising Injury
  • Estoppel
State:
  • California
Penzer, Michael, etc. vs. Transportation Insurance Company
Year: 2007
Court: Florida Supreme Court
Case Number: SC08-2068, Lower Court Case No.: 07-13827-FF
Issue:
  • Advertising Injury
  • Duty to Defend
State:
  • Florida

Insurance companies have a duty to defend violations of the Telephone Consumer Protection Act (TCPA) under a CGL policy’s “advertising injury” clause even when the facsimile transmission does not disseminate private information. Despite the absence of private information, an unsolicited facsimile arguably can still constitute…
Hameid, Mohammed vs. National Fire Insurance of Hartford
Year: 2001
Court: California Supreme Court
Case Number: S104157
Issue:
  • Advertising Injury
State:
  • California

In the context of an advertising injury when insured is a small business, the coverage must be broadly defined to encompass the activities of a small business.
Recall Total Information Management Inc., et al. v. Federal Insurance Co.
Year: 2014
Court: Connecticut Supreme Court
Case Number: S.C. 19291
Issue:
  • Advertising Injury
  • Data Breaches
  • Duty to Defend
  • Reasonable Expectations
State:
  • Connecticut

Under Commercial General Liability policies (“CGL”) and Umbrella policies, “publication” of usually defamatory statements to a third person will trigger coverage for “advertising injury” and a carrier’s duty to defend. Here, the Court of Appeal erroneously found that loading confidential personal employee data onto encrypted…