United States:
PA Policyholders May Find Road Blocks In Obtaining Coverage For Misappropriation of Advertising Ideas under CGL Policies
28 October 2015
Reed Smith
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Last week, the United States Court of Appeals for the Third
Circuit issued a ruling that may make it more difficult for
Pennsylvania policyholders to obtain coverage for the
misappropriation of advertising ideas under standard commercial
general liability policies. In The Hanover Insurance
Company v. Urban Outfitters, Inc., No. 14-3705 (Oct. 23,
2015), the Third Circuit adopted a standard for the "prior
publication" exclusion – an exclusion that precludes
coverage for misappropriation of material that was first published
before the insurance policy incepted – that may prove
difficult to overcome.
In a recent client alert, members of Reed Smith's Insurance
Recovery Group discuss the Third Circuit ruling, and its
potential impact on Pennsylvania insureds.
This article is presented for informational purposes only
and is not intended to constitute legal advice.
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