Insurance Coverage & Litigation Team Win Affirmance on Appeal

August 31, 2012 | Appeals | Insurance Coverage | Intellectual Property

The legal team of William Savino, Celeste Butera and Jason Gurdus scored a legal victory in a large advertising injury coverage litigation. Last week, the Pennsylvania Superior Court in One Beacon Ins. Co. v. William A. Graham Co. affirmed the Trial Court’s decision and found that our three insurer clients had no duty to defend or indemnify the insured in connection with a $30 million copyright infringement lawsuit and judgment. In finding no duty to defend, the Appellate Court fully endorsed the Trial Court’s prior ruling on the definition of “advertising”.  Noting that the insurance contracts  did not define “advertising”, the Superior Court  found that “advertising” should be given a definition that comports with its common usage, that is, “the action of drawing the public’s attention to something to promote its sale.”  This definition, the Superior Court concluded, “. . . captures the natural, plain, and ordinary meaning of the word ?advertising’ as that term is used in the pertinent policies.” The Superior Court agreed fully with our clients’ positions that the copyright complaint against the insured did not accuse USI of committing copyright infringement while publically presenting anything in an attempt to draw attention to their goods, products or services.  Congratulations.

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