Insurance Coverage Cases

Explore Gauntlett Law’s extensive experience in insurance coverage cases across the United States, where we advocate for policyholders seeking to maximize their coverage and enforce their rights. Our firm has successfully handled complex disputes nationwide, including cases involving duty to defend, indemnification, bad faith claims, and coverage denials. Whether navigating negotiations or litigating high-stakes cases, we provide strategic counsel to help businesses secure the protection they deserve under their policies.

Display of Product: When Product Placement Constitutes Advertising

In Street Surfing, LLC v. Great American E&S Insurance Co., No. 12-55351, 2014 U.S. App. LEXIS 21804 (9th Cir. (Cal.) Nov. 14, 2014), the Ninth Circuit examined whether the display of product in a retail setting could satisfy the "in your advertisement" requirement in an insurance policy’s advertising injury coverage. The court found that even when a product is promoted by a third party, such as a retailer, the insured may still benefit from advertising coverage under certain policy definitions.

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Design Patent Infringement: Implications for Covered Advertising Claims

In The Limited v. Nationwide Insurance Co., Ohio Court of Common Pleas, Franklin County, Case No. 94CVH11-8405, the issue of design patent infringement and its intersection with advertising injury coverage under an insurance policy was at the forefront. The case revolved around the sale of the fruit legging product, where Nationwide Insurance Co. disputed whether potential liability for patent infringement could trigger coverage under the policy’s provisions for misappropriation of an advertising idea.

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Insurance Law, Litigation, Business Law David Gauntlett Insurance Law, Litigation, Business Law David Gauntlett

Legal Fee Insurance Coverage: Diving into Post-Settlement Litigation

In 360Heros, Inc. v. Mainstreet America Assurance Co., the court addressed a significant issue in legal fee insurance coverage—whether an insurer is obligated to cover attorneys’ fees incurred after funding a settlement. The panel reversed what it deemed an “erroneous” ruling and determined that 360Heros, Inc. was entitled to recover legal fees for continued litigation necessary to resolve business issues beyond the initial settlement.

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Intellectual Property Exclusions: Understanding the Impact in Insurance Coverage Cases

In My Choice Software, Ltd. Liability Co. v. Travelers Casualty Insurance Co. of America, the Ninth Circuit addressed a critical issue in insurance coverage disputes—whether an insurer can rely on an Intellectual Property (IP) exclusion to deny a defense claim.

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Insurance Law, Executive Liability, Litigation David Gauntlett Insurance Law, Executive Liability, Litigation David Gauntlett

Alleged Wrongful Acts: Exploring Whether Coverage Must Be Provided

The case Legion Partners Asset Management, LLC v. Underwriters at Lloyd’s London highlights a critical issue in insurance coverage disputes—whether an insurer is obligated to provide coverage for claims alleging wrongful acts by company executives. The dispute arose after allegations surfaced that key executives at Legion Partners Asset Management, LLC acted against investors' interests and violated federal laws by leaking material, nonpublic information.

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