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
Related Docs
Author UP's amicus brief was written pro bono by Jordan Stanzler, Esq., Eugene R. Anderson, Esq. and William G. Passannante, Esq. of Anderson Kill & Olick, PC.
Related Cases
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…