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.

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.

The issue of New York no recoupment in insurance law has remained largely unsettled—until now. In General Star Indemnity Co. v. Driven Sports, Inc., No. 14-CV-3579 (JFB)(ARL), 2015 U.S. Dist. LEXIS 7966 (E.D.N.Y. Jan. 23, 2015), the court examined whether an insurer could recoup fees expended in defending, settling, or indemnifying an insured when no potential coverage existed, despite failing to reserve its right to seek recoupment. The decision reinforced the trend in several state Supreme Court rulings, including those in Illinois, Texas, Pennsylvania, and Washington, rejecting an insurer’s attempt to recoup such costs.

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.