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....
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.