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Patricia O'Connell
Senior Communications Manager

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

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.