Insurance Policy Exclusions: What Constitutes Prior Publication?
on October 28, 2015
As advertising injury coverage has become a standard in CGL policies, so have the exclusions modifying those types of coverages. One of those exclusions is known as the prior publication exclusion. The typical prior publication language excludes "‘personal and advertising injury' arising out of oral or written publication of material whose first publication took place before the beginning of the policy period." The result of the prior publication exclusion is to bar coverage for wrongful behavior that began prior to the effective date of the insurance policy, even if it continued into the policy period. The insurers' justification for this exclusion is that if the harm or wrongful behavior has already manifested itself, the harm is not fortuitous and there is nothing to insure....
Insurance for Trademark Infringement: Why the Best Defense May Cost You in the End
on August 10, 2015
Companies purchase commercial general liability ("CGL") insurance policies to protect themselves from unforeseen issues that may arise. One area of coverage that is still evolving relates to intellectual property claims, including trademark infringement. While CGL policies often provide coverage and defense for various intellectual property claims, it is not always easy to determine when the insurer's duty to defend a trademark claim has been triggered. Sometimes, obtaining coverage for such a trademark claim means sacrificing a stronger defensive position....
Trademark or Slogan: Insurance Coverage for Intellectual Property Infringement
on May 21, 2015
Companies purchase commercial general liability ("CGL") insurance policies to protect themselves in the event they are sued for various reasons, including injury caused due to the company's advertising. Yet, the question remains does your CGL policy actually protect you from potential lawsuits due to your advertising in the way you need it or do you need additional insurance coverage?...
Federal Regulations to Cover Companies Outside the Healthcare Industry as Healthcare Data Breaches Reach New High
on February 27, 2015
Reported cyber-data breaches reached an all-time high in 2014 with 783 reported breaches and of these reported breaches 42.5% were from the healthcare industry alone. These numbers are likely to increase in 2015, especially with the recent announcement by Anthem that its systems had been hacked and the information of as many as 80 million customers has been compromised....
Posted In: Insurance Recovery
By Racing to the Courthouse, Insurers may be Breaching the Duty of Good Faith Owed to Policyholders
on January 27, 2015
Policyholders and insurers regularly find themselves in protracted forum battles because the choice of forum can have a major impact on the choice of state law that will be applied to coverages issues....
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