advertising injury News

Starbucks Sued by Consumer Group that Calls its Claim of Ethical Sourcing False and Misleading

A consumer advocacy group filed a lawsuit against Starbucks on Wednesday, saying the company’s claim that its coffee is ethically sourced is false and misleading. The National Consumers League cited media reports of abuses on farms that supply coffee and …

Viewpoint: Court Rulings Reject Insurer Defenses to Biometric Liability

A series of recent decisions have established that commonly held Commercial General Liability (CGL) policies can and do cover lawsuits brought under Illinois’s Biometric Information Privacy Act (BIPA). These rulings build on the decision in West Bend Mutual Insurance Co. …

7th Circuit: Insurer Must Defend Firm Sued for Selling Facial Recognition Program to Police

An ambiguous coverage exclusion prevents a liability insurer from dodging the cost of defending a data broker that was sued after selling the Chicago Police Department access to a facial recognition database that reportedly contained 3 billion images extracted from …

Judge Approves $73M Sandy Hook Settlement; 4 Carriers Sharing Loss

The cost of a $73 million settlement that gunmaker Remington Arms agreed to pay to families of victims of the Sandy Hook massacre will fall on four insurers. Ironshore, a Liberty Mutual subsidiary; James River Insurance Co., ACE (now Chubb), …

Is Advertising Injury in the Bag?

Is advertising injury in the bag? In a recent decision the United States Second Circuit Court Of Appeals found that the sale of counterfeit branded goods was not covered as advertising injury. In United States Fidelity & Guaranty Co. v. …

No Advertising Injury Coverage For Sale of Counterfeit Goods

Applying New York law, the United States Court of Appeals for the Second Circuit held that there was no advertising injury indemnity insurance coverage for nearly $35 million in judgments against an off-price luxury goods vendor, insured Ashley Reed Trading, …

When Considering a Prior Publication Exclusion, Does ‘Close Enough’ Count?

In Street Surfing, LLC v. Great American E&S Ins. Co., 752 F.3d 853 (9th Cir. 2014), the Ninth Circuit Court of Appeals considered whether “close” was enough when applying a prior publication exclusion. Great American E&S Insurance Company (Great American) …