The Second Circuit Narrowly Construes “Personal and Advertising” Injury Coverage

The Second Circuit Narrowly Construes “Personal and Advertising” Injury Coverage to Limit Its Scope for Claims of “Infringement of Slogan” But Affirms Duty to Defend for “Infringement of Title” Claims

In CGS Indus., Inc. v. Charter Oak Fire Ins. Co., 720 F.3d 71 (2d Cir. 2013), the Second Circuit concluded that an insurance policy’s Coverage B did not cover liability alleged in a trademark infringement suit but concluded that a duty to defend because there “sufficient legal uncertainty about the coverage issue” at the time the tender was made. A copy of the decision can be found here.  >read more