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Laura Foggan Discusses Pending Fifth Circuit Decision on “Advertising Injury”

Law360
February 13, 2015

Laura A. Foggan, chair of Wiley Rein’s Insurance Appellate Group, was quoted in a Law360 article published yesterday about a pending opinion by the U.S. Court of Appeals for the Fifth Circuit.  An insurer challenged a district court ruling that said it must cover “advertising injury” after a Texas homebuilder was found to have infringed the copyright of an architectural firm.  The insurer issued the homebuilder a commercial general liability policy that covered damage for advertising injury arising out of copyright infringement in the insureds advertising.

“In the concrete example of this case—you have a policy that contains a clear definition of advertisement, and you have a set of facts that don't seem to fit in with that definition,” Ms. Foggan told Law360.