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Focus (Forum & Focus)

Jan. 8, 2009

Crushing the Competition

False or damaging advertising can trigger a number of insurance liability issues, writes Peter S. Selvin. - Focus Column

FOCUS COLUMN

By Peter S. Selvin

Prior to 1986, the Insurance Services Office policy form for commercial general liability insurance contained "unfair competition" among the various offenses listed under the definition of "Advertising Injury." Up until the California Supreme Court's decision in Bank of the West v. Superior Court, 2 Cal.4th 1254 (1992), there was substantial litigation concerning whether consumer actions against insureds wou...

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