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Press Release Not an Advertisement

Affirming the District Court's decision with additional analysis, the court presumed that no false advertising claims were asserted and that use of a co-defendant's idea was not actionable without explanation is what policy language compels such review.

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Patent Infringement Suit Potentially Covered

(Expert) This case settled for a substantial six-figure sum following David A. Gauntlett's submission of an affidavit on the scope of insurance coverage under the policy's "advertising injury" clause in the underlying patent infringement lawsuit.

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Copyright Infringement of Playboy Images Covered

Court found the unauthorized use of Playboy photographs infringed upon its copyright as the magazine's trademark was used to identify bulletin board files, constituting trademark infringement, whereas deleting magazine trademark and photographs and inserting advertisements was unfair competition. A related insurance coverage action found the conduct fell within the scope of the duty to defend for BBS Systems and Consulting where we represented Playboy as the claimant seeking to establish its entitlement to damage under the BBS insurance policy.)

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choice of forum

Choice of Law Admission of Extrinsic Evidence Insurer Allocation Pre-Tender FeesStatute of Limitations
Lex loci contractusFacts set forth in the pleadings aloneIf one claim is potentially covered, must defend entire suitRecoverable from breaching insurer5 years
Shaps v. Provident Life & Acc. Ins. Co., 826 So. 2d 250, 254 n.3 (Fla. 2002)Corinthian Colleges, Inc. v. Philadelphia Indem. Ins. Co., 922 So. 2d 1077, 1080 (Fla. Dist. Ct. App. 2006)
Fun Spree Vacations, Inc. v. Orion Ins. Co., 659 So. 2d 419, 421 (Fla. Dist. Ct. App. 1995) (“Inferences are not sufficient”).		Irvine v. Prudential Prop. & Cas. Ins. Co., 630 So. 2d 579, 580 (Fla. Dist. Ct. App. 1993)
Mactown, Inc. v. Continental Ins. Co., 716 So. 2d 289, 293 (Fla. Dist. Ct. App. 1998)		Keenan Hopkins Schmidt and Stowell Contractors, Inc. v. Continental Casualty Co., 653 F. Supp. 2d 1255, 1262-63 (M.D. Fla. 2009)(Fla. Stat. § 95.11)
Pre-Judgment Interest Late Notice Public Policy Bar Independent CounselAtty's Fees/Decl. Relief Action
See: http://www.myfloridacfo.com/Division/AA/ Vendors/default.htm#.U5c6TXJdXNQ For current rate (set quartly) Notice-prejudice, but burden is on insuredBar to indemnityRight to mutually agreed-on independent counselRecoverable
(Fla. Stat. Ch. 55.03 and 687.01)Robinson v. Auto Owners Ins. Co., 718 So. 2d 1283, 1284 (Fla. Dist. Ct. App. 1998)Ranger Ins. Co. v. Bal Harbour Club, Inc., 549 So. 2d 1005, 1009 (Fla. 1989)
Griffin Bros. Co., Inc. v. Mohammed, 918 So. 2d 425, 430 (Fla. Dist. Ct. App. 2006)		Travelers Indem. Co. of Illinois v. Royal Oak Enterprises, Inc., 344 F. Supp. 2d 1358, 1370 (M.D. Fla. 2004)
Progressive Am. Ins. Co. v. Papasodero, 587 So. 2d 500, 501 (Fla. Dist. Ct. App. 1991)
Fla. Stat. § 627.426(2)(b)		Fla. Stat. § 627.428
Allstate Ins. Co. v. Gustavo De La Fe, 647 So. 2d 965, 966 (Fla. Dist. Ct. App. 1994)
Brass & Singer, P.A. v. United Auto. Ins. Co., 919 So. 2d 473, 475 n.3 (Fla. Dist. Ct. App. 2005)