Hanover's 3rd Circ. Win Exposes Policyholders To Vague Suits

Law360, Los Angeles (October 27, 2015, 8:34 PM EDT) -- The Third Circuit's recent ruling that Urban Outfitters isn't covered for claims that it violated the Navajo Nation's copyrights because some of the retailer's purported infringement predated its insurance policy period could leave policyholders vulnerable to lawsuits that are unclear as to when wrongful conduct occurred, attorneys say.

Applying the "prior publication" exclusion in Urban Outfitters Inc.'s policy with Hanover Insurance Co., a panel of the appeals court found that a lower court properly nixed coverage for the Navajo Nation's complaint under the policy because the tribe alleged that the retailer engaged in "similar liability-triggering behavior" both before and during Hanover's...

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