• About Angela

North Carolina Litigation Blog

North Carolina Litigation Blog

Category Archives: Insurance Coverage

Failure to Conform Exclusion Eliminates Insurers’ Duty to Defend Insured in Recent NC Supreme Court Case

03 Thursday Jun 2010

Posted by McIlveen Family Law Firm in Insurance Coverage

≈ Leave a comment

Tags

Advertising, Coverage, Exclusion, Insurance, Insured, Insurer, N.C. Law

Pursuant to an appeal from 664 S.E.2d 317 (2008), the NC Supreme Court reversed the Court of Appeals holding that the insurance company did not have a duty to defend its insured under a CGL policy when the policy excluded coverage for false statements made about the insured’s own products. In Harleysville Mut. Ins. Co. v. Buzz Off Insect Shield LLC, et al, the Court in reviewing the insurance policy found that the policy did provide coverage from some advertising injuries but not for injuries caused by false statements made by the insured about its own products. When the Court compared the allegations in the complaint to the insurance policy language, it was the CGL policies “Quality or Performance of Goods- Failure to Conform to Statements” exclusion that eliminated the insurance company’s duty to defend. This insurance company could still be on the hook for indemnity, which is a separate issue but for now they have dodged the bullet.

Share this:

  • Print
  • Email
  • Facebook
  • Reddit
  • Twitter
  • LinkedIn

Like this:

Like Loading...
Newer posts →

ABOUT ANGELA

  • About Angela

SUBSCRIBE

RSS Feed RSS - Posts

RSS Feed RSS - Comments

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 8 other subscribers

TOPICS

  • Criminal
  • Insurance
  • Insurance Coverage
  • law
  • Liability
  • NC Court of Appeals
  • NC Law
  • NC Supreme Court
  • Negligence
  • News
  • Products Liability
  • trial

Blogroll

  • Gastonia Family Law Blog
  • North Carolina Appellate Law
  • North Carolina Business Litigation
  • North Carolina Construction Law
  • North Carolina Criminal Law
  • North Carolina Insurance Law

Disclaimer:

This blog is maintained as a free information service and its contents are not intended to constitute legal advice or opinion. Statutes and law vary by jurisdiction and can change without notice. Statements herein are made solely by the author and are not attributable to the McIlveen Family Law Firm. Use of this blog does not create an attorney-client relationship. The blog may fail to accurately or comprehensively represent the law or the topics discussed. Reading or commenting on this blog does not constitute a client attorney relationship. This Blog may be viewed as an advertisement under some rules. Always consider consulting with an attorney about your particular situation.

All material in this blog copyright 2010-2012.

Administrator

  • Register
  • Log in
  • Entries feed
  • Comments feed
  • WordPress.com

Create a free website or blog at WordPress.com.

Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
To find out more, including how to control cookies, see here: Cookie Policy
  • Follow Following
    • North Carolina Litigation Blog
    • Already have a WordPress.com account? Log in now.
    • North Carolina Litigation Blog
    • Customize
    • Follow Following
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar
%d bloggers like this: