Steven Plitt, Expert Witness Steven Plitt, Expert Witness
Insurance Bad Faith Claim Handling Expert Serving Clients Nationwide

March 2017 Archives

THE WISCONSIN SUPREME COURT, IN A SPLIT DECISION, REAFFIRMED THE "FOUR-CORNERS" RULE GOVERNING A LIABILITY INSURANCE COMPANY'S DUTY TO DEFEND

The High Court confirmed that under Wisconsin Law there were no exceptions to the rule that extrinsic evidence cannot create a duty to defend.

NEW YORK APPELLATE COURT REJECTS THE CREATION OF AN UNAVAILABILITY EXCEPTION TO NEW YORK'S RULE REQUIRING UNINSURED PERIODS TO BE ALLOCATED TO THE INSURED IN CONTINUOUS AND PROGRESSIVE LOSS CASES

New York Law requires insurance companies to allocate continuous, progressive losses on a pro rata basis among all triggered policies based upon a time-on-the-risk allocation model. The New York Appellate Court recently rejected an invitation to create an unavailability exception to the allocation rule so that insurers were not required to indemnify the insured for periods when liability insurance was unavailable in the marketplace.

Duty to Defend Decision in the LA Supreme Court

THE LOUISIANA SUPREME COURT RECENTLY HELD THAT THE DUTY TO DEFEND IN LONG LEGACY DISEASE CASES SHOULD BE PRORATED BETWEEN THE INSURANCE COMPANY AND THE INSURED IN SITUATIONS WHERE AN OCCURRENCE-BASED POLICY PROVIDED COVERAGE FOR ONLY A PORTION OF THE TIME FOR WHICH THE EXPOSURE OCCURRED.

SECOND CIRCUIT HOLDS THAT ADVERTISING INJURY COVERAGE DOES NOT APPLY TO THE SALE OF COUNTERFEIT BRANDED GOODS

The United States Second Circuit Court of Appeals recently held that the selling of goods with a counterfeit brand label did not constitute covered advertising injury. In U.S. Fidelity & Guar. Co. v. Fendi Adele S.R.I., 823 F.3d 146 (2d Cir. 2016), the insured, Ashley Reed Trading, Inc. was in the business of purchasing and selling off-price branded handbags and other luxury goods. Ashley Reed was insured by USF&G which provided coverage for defined "advertising injury." The policy defined "advertising injury" as "attracting the attention of others by any means for the purpose of seeking customers or supporters or increasing sales or business." The policy set forth four advertising injury offenses, including the "use of another's advertising idea" or other "advertising" and the "infringement of another's copyright, trade dress or slogan in your 'advertising.'"

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