By Diane Polscer on Posted in Personal and Advertising Injury,Property Insurance,Recent CasesCriminal Acts Exclusion and Joint Obligations Clauses Bar Coverage for Claims Arising from Insured’s Criminal Act In Allstate Insurance Company v. Morgan, 123 F. Supp. 3d 1266 (D. Or. 2015), the District of Oregon held an insurer was not obligated to defend their insured’s son against tort claims arising out of the son’s assault on… Continue Reading
By Shaun McParland Baldwin on Posted in Duty to Defend,Personal and Advertising Injury,Recent CasesThe “personal and advertising injury” coverage applies to injury arising out of “oral or written publication of material that…disparages a person’s or organization’s goods, products or services.” The term “disparages” is not defined. Accordingly, it provides fertile ground for creative arguments by policyholders seeking to broaden the meaning to cover trademark infringement, false advertising and “passing off”… Continue Reading
