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Expert Analysis

9th Circ. Ruling Might Be End For ZIP Code Coverage Suits

Law360, New York (December 18, 2015, 11:37 AM EST) -- The United States Court of Appeals for the Ninth Circuit affirmed Big 5 Sporting Goods Corp., a case in which the trial court had held that variations of the statutory violation exclusion in general liability policies barred "personal and advertising injury" coverage for violation of California's Song-Beverly Act. Big 5 Sporting Goods Corp. v. Zurich American Insurance Co., 957 F. Supp. 2d 1135 (C.D. Cal. 2013), aff'd, No. 13-6249, (9th Cir. Dec. 7, 2015). The Ninth Circuit held that the exclusion precluded the duty to defend even where an underlying action alleges common law violations of invasion of privacy....

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