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…

A Trifecta of Insurance Coverage Cases Addressing Implicit Disparagement Reveal Coverage Opportunities In Intellectual Property Litigation

  Three recent decisions, two published from the California Court of Appeals, and one unpublished from the Ninth Circuit, address the boundaries of coverage for implicit disparagement claims under California law emphasizing both the limitations and opportunities for such claims.   For intellectual property practitioners, these cases highlight why a number of typically asserted IP…