A Case For All Seasons

Hartford Cas. Ins. Co. v. Swift Distribution, Inc., 59 Cal. 4th 277 (2014) arguably includes legal analysis for every persuasion.  For insurers, it emphasizes the “of and concerning” element for establishing liability within the scope of the common law torts that include injurious falsehood and trade libel.  Policyholders appreciate its recognition of coverage for implicit disparagement and recognition of the role of inferences and extrinsic evidence in revealing coverage albeit not on the facts of this case.  >read more