Tag Archives: insurance coverage

Rising up from the Trenches: Ninth Circuit Broadly Interprets Breach of Contract Exclusion in Trademark Infringement Case

On May 23, 2014, the Ninth Circuit upheld a California district court decision that broadly interpreted the breach of contract exclusion in a commercial general liability policy to preclude coverage for all personal and advertising injury having even a minimal factual connection or incidental relationship to a breach of contract.  Trenches Inc. v. Hanover Ins. Co., … Continue Reading

Prior Publication Exclusion Bars Coverage for Advertising Injury Claims, Despite Continued Advertisement of Additional Allegedly Infringing Products

Although the sale of its Navajo product line constituted “personal and advertising injury” within the meaning of its liability insurance policies, Urban Outfitters was not entitled to defense or indemnity for claims brought by the Navajo Nation Indian tribe because of the policies’ “prior publication” or “first publication” exclusions.  Hanover Insurance Co. v. Urban Outfitters, … Continue Reading
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