The Third Circuit has ruled that an insurer did not have to defend its insured against a competitor's lawsuit where the competitor's claims challenged statements the insured made about its own products. (Photo: Shutterstock)
An insurer did not have to defend its insured against a competitor's lawsuit where the competitor's claims challenged statements the insured made about its own products, a court ruled.
|The case
A competitor of Albion Engineering Company believed that Albion had claimed that its products were made in the United States when they really were made in Taiwan. The competitor sued Albion in federal court in New Jersey for false advertising and product marking in violation of the federal Lanham Act and for tortious unfair competition through false statements and material omissions under New Jersey law.
Albion notified its insurer, Hartford Fire Insurance Company, of its competitor's lawsuit.
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Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].
