11th Circuit Affirms Court’s Ruling In Coverage Dispute Over False Advertising Suit

(July 14, 2023, 2:24 PM EDT) -- ATLANTA — The 11th Circuit U.S. Court of Appeals on July 13 affirmed a lower federal court’s ruling that a general liability insurance policy’s “failure to conform” exclusion relieved insurers of their duty to defend a generic pharmaceutical manufacturer insured against an underlying lawsuit alleging that it “falsely or misleadingly” advertised its products as generic equivalents to a  competitor’s product, further affirming the lower court’s finding that the insurers are not entitled to reimbursement of the legal costs they incurred in defending the insured pursuant to a reservation of rights....