Settlement Uncovered Where Christmas Lights Promoted in Showroom Displays and Selected Customer Presentations

Santa’s Best Craft, LLC v. Zurich Am. Ins. Co., 941 N.E.2d 291, 304-05 (Ill. App. Ct. (1st Dist., 2d Div.) 2010) The court’s decision requiring “actual coverage” only comports with earlier precedent if potential coverage of the claim asserted was found not to be a “primary focus” at the time of settlement.  But under Zurich’s…

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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”)…

Are You Seeking Indemnification Against Another Entity or The Benefits of Insurance Coverage for Claims of Indemnification Against Your Corporation Arising Out of an Intellectual Property Lawsuit?

The Role of Insurance in Indemnification in Intellectual Property Disputes Corporations that depend upon manufacturing outside the United States, with little recourse to pursue either indemnification or insurance benefits, are well-advised to have extensive insurance coverage to protect their operations against intellectual property claims.  It is hard to envision the myriad ways in which manufacturers…