Sherman Antitrust Action Did Not Fall Within “Advertising Injur” Coverage for “Use of Another’s Advertising Idea In Your ‘Advertisement'”

Rose Acre Farms, Inc. v. Columbia Cas. Co., No. 4:09-cv-00135-SEB-WGH, 2011 WL 693601 (S.D. Ind. Feb. 18, 2011) Allegations that Rose Acre “marketed” its shell egg products which did not specifically reference Rose Acre’s advertisement of its eggs as properly priced in light of animal husbandry concerns in accordance with a United Egg Products (“UEP”)…

Commercial General Liability (“CGL”) Insurer Must Defend Suit Alone Under Atypical Director and Officer (D&O) Policy “Other Insurance” Provisions

Fieldston Prop. Owners Ass’n, Inc. v. Hermitage Ins. Co., Inc., 16 N.Y.3d 257, 945 N.E.2d 1013 (2011) The New York Court of Appeals, answering a certified question from the New York Appellate Division concluded that under the terms of Federal’s D & O policy “other insurance” exists which would cover the ‘loss’ arising from 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…