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Case Notes

By ALM Staff | Law Journal Newsletters |
August 02, 2014

California Clarifies Coverage B

In Hartford Casualty Insurance Co. v. Swift Distribution, Inc., et al., No. S07172 (Cal. June 12, 2014), the California Supreme Court, applying California law, held that the personal and advertising injury section of an insurance policy did not afford coverage for various infringement and unfair trade claims asserted against a policyholder because the advertisements upon which the claims were based did not disparage the claimant or its products and thus did not support a claim for product disparagement. In so ruling, the court disagreed with the theory of disparagement accepted by an intermediate appellate court in Travelers Property Casualty Co. of America v. Charlotte Russe Holding, Inc., 207 Cal. App. 4th 969 (Cal. Ct. App. 2012).

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