advertisement Archives - The Insurance & Reinsurance Report

July 21, 2015 Emerging Issues

Google ‘Adwords’ Advertisements Trademark Infringement, Not Slogan Infringement

In Auto Mobility Sales, Inc. v. Praetorian Insurance Co., 2015 U.S. Dist. LEXIS 84777 (S.D. Fla. June 30, 2015), the U.S. District Court for the Southern District of Florida held that an insurer had no duty to defend or indemnify its insured against allegations of trademark infringement resulting from the insured’s use of certain language in a Google ‘Adwords’ Advertisement.

Auto Mobility Sales, Inc. (AMS) sells and rents handicap-enabled vehicles. AMS was insured by a general liability insurance policy issued by Praetorian Insurance Company. …

February 10, 2015 Emerging Issues

Meth Is Not “All Natural”: Failure To Conform Exclusion Bars Coverage for False Advertising Lawsuits

In General Star Indemnity Co. v. Driven Sports, Inc., 2015 U.S. Dist. LEXIS 7966 (E.D.N.Y. Jan. 23, 2015), General Star Indemnity Co. (“Gen Star”) issued a commercial lines policy to Driven Sports, Inc. (“Driven”), a producer and seller of an energy supplement called Craze. Driven had been sued in three separate actions alleging that Craze improperly contained a methamphetamine analog. Gen Star provided a defense under reservation of rights. Gen Star then brought a declaratory judgment action, and the parties cross-moved for summary judgment.…