Federal Judge: Counterclaim Triggers Personal And Advertising Injury Coverage
Mealey's (September 22, 2015, 2:19 PM EDT) -- ALBANY, Ga. — A Georgia federal judge held Sept. 21 that a competitor’s counterclaim against an insured stemming from an underlying patent infringement lawsuit raises sufficient claims of a “personal and advertising injury” and, therefore, the insurer has a duty to defend its insured in the underlying dispute (Foliar Nutrients Inc., et al. v. Nationwide Agribusiness Insurance Co., No. 14-75, M.D. Ga.; 2015 U.S. Dist. LEXIS 125528).
(Order available. Document #13-150924-035R.)
On May 10, 2013, Big Bend Agri-Services Inc., Foliar Nutrients Inc. and Foliar’s executive officer...