Antitrust And Advertising Injury: Hurdles For Defendants

Law360, New York (November 16, 2011, 5:07 PM EST) -- Within the past two months, the U.S. Courts of Appeal for the Seventh and Eleventh Circuits have addressed whether antitrust claims against an insured gave rise to a duty to defend by insurers under commercial general liability policies that provide coverage for personal and advertising injury.

Both Courts of Appeal arrived at the same conclusion: No.

Together, these recent decisions illustrate the significant obstacles that a defendant in an antitrust lawsuit faces in seeking advertising-injury coverage.

The case from the Eleventh Circuit, Trailer Bridge Inc. v....
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