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…
Miranda v. California Capital Ins. Co., No. A126778, 2011 WL 1168064, *6 (Cal. App. (1st Dist.) March 29, 2011) Cow breeders transferred inferior cows to the claimant misrepresenting to him and the insured that the cows were from the insured’s herd, so as to disrupt their relationship. These statements allegedly misrepresented “that the…
Michael Taylor Designs, Inc. v. Travelers Prop. Cas. Co. of Am., ___ F. Supp. 2d ___, 2011 WL 221658, at *6 (N.D. Cal. Jan. 20, 2011) The court found two grounds for evidencing disparagement coverage. First, that there were express allegations that the reputation of goods was harmed by MTD’s conduct. Second, the court reasoned:…
Gauntlett on IP Insurance 