Case Study: Trailer Bridge V. Ill. Nat'l Insurance

Law360, New York (October 25, 2011, 12:09 PM EDT) -- In Trailer Bridge Inc. v. Illinois Nat. Ins. Co., 2011 (11th Cir. Sept. 19, 2011), the Eleventh Circuit Court of Appeals held that allegedly misleading public statements by an insured justifying its price increases did not obligate the insurer that provided coverage against “personal and advertising injury” to defend its insured against price-fixing allegations in antitrust litigation. This decision may provide significant support for the position that insurance policies that provide coverage for “advertising injury” generally do not provide coverage for price-fixing related antitrust litigation....
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