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2017 “Personal and Advertising Injury” Liability Coverage Update

The 2017 “Personal and Advertising Injury” Liability Coverage Update addresses the 2017 court decisions nationwide relating to Coverage B of the CGL policy.  The Update addresses the general requirements of the “personal and advertising injury” coverage, the enumerated offenses in the policy’s definition of “personal and advertising injury,” the non-enumerated offenses that could potentially trigger coverage, and various policy exclusions applicable to the “personal and advertising injury” liability coverage.

As with prior years, there were a significant number of decisions in 2017 involving intellectual property claims and unfair business practices. These types of suits can involve preliminary injunction proceedings, significant defense costs and “bet the company” exposure. As a wrongful refusal to defend can carry onerous implications in some jurisdictions, it is important to be aware of the divergent views of the courts on the scope of coverage and applicability of exclusions under Coverage B.

Our firm has been assessing Coverage B exposures throughout the country for more than two decades. We are well-equipped to address the coverage issues arising under Coverage B. Our intellectual property attorneys are also skilled in defending such claims. We frequently monitor intellectual property suits and claims involving unfair business practices, evaluate the exposures and assist in “troubleshooting” a resolution. If you have any questions, please feel free to contact Dennis N. Ventura at 312-627-4089 or dventura@tresslerllp.com, or Kathleen Hart at 312-627-4179 or khart@tresslerllp.com.