Coverage for Implicit Disparagement Is Not Limited to Claims “Of and Concerning” the Claimant

The Northern District of California sided with California Court of Appeals case Charlotte Russe over conflicting appellate cases Total Call and Swift, finding potential coverage without requirement that the disparaging statement specifically refer to the goods, products, or services of the claimant. Recently, the Northern District of California weighed in on the divergent opinions of the…

“Fireworks Displays or Exhibition” Endorsement Bars Coverage Because it Was Conspicuous, Plain and Clear

Nutter v. St. Paul Fire & Marine Ins. Co., No. 3:10-CV-63, 2011 WL 240458, at *6 (N.D.W. Va. Jan. 24, 2011) The “injury … that result[s] from …[f]ireworks displays or exhibition” endorsement was not concealed in the lengthy policy nor part of buried “fine print” requiring “painstaking study of the policy” to uncover a causal…