Publications

"Insurance Coverage for Product Disparagement Claims - A Survey of Conflicting Case Law," IADC Insurance and Reinsurance Committee Newsletter August 2015

In an August 2015 article for the International Association of Defense Counsel’s Insurance and Reinsurance Committee Newsletter, Goldberg Segalla partner Michael A. Hamilton takes an in-depth look at  a wide range of insurance coverage issues that commonly crop up in product disparagement claims — even as jurisdictions are divided over the kinds of allegations that trigger coverage under standard CGL policies for such claims.

“The cause of action for product disparagement is based in state common law and varies state to state,” writes Mike, a member of the firm’s Global Insurance Services Practice Group. “Thus, the first issue courts are faced with is whether the allegations in the complaint are sufficient to trigger an insurer’s duty to defend.”

While some jurisdictions recognize implied product disparagement claims, others take a more conservative approach — with still others refusing to read product disparagement into a complaint. In his piece, Mike analyzes a number of important recent cases and decisions in a cross-section of jurisdictions.

“Insurance practitioners should be mindful of these recent decisions and keep a watchful eye for new and important developments in this changing area of insurance coverage law,” he writes.

Read the article here: