The issue in the Oregon case is whether a motor vehicle liability insurance policy must provide personal injury protection (PIP) coverage to all persons that use an insured motor vehicle with the consent of the named insured. The Fair and Accurate Transaction Act (FACTA) is at issue in the Eleventh Circuit case. That court had to decide if issuing credit card receipts that contained more than five digits of the credit card numbers violated FACTA rules. The case from California dealt with a misappropriation of likeness claim and the intellectual property rights exclusion. The misappropriation of likeness claim was based on the right of publicity, and the court ruled that this right protects a form of intellectual property that society deems to have some social utility. The final case addresses trade dress infringement and unfair competition claims. The district court found that uncertainty as to whether claims of trade dress infringement and unfair competition constituted infringement of title triggered the insurer's duty to defend the insureds where the claims were based on alleged copying of distinct trade dress.

Questions and Answers

An ATV would be considered a self-propelled machine and excluded from coverage on a commercial property form as property not covered. See ATV Included in Property Not Covered Clauses. Does water that cannot go down a roof drain constitute a backup? See Backup Claim versus Maintenance Issue.

Loose tools in the back of a truck would not be covered for loss by theft under the commercial property form's property in transit coverage extension. See Property in Transit Coverage under Commercial Property Form.

The Continuous Injury Trigger

The article discusses some history leading up to the problems exacerbated by a California case that centered on the continuous injury trigger and progressive injury. Also discussed are the trigger theories that have been developed by the courts over the years, the standard policy provisions that the AAIS and ISO introduced in response to adverse court decisions, and some non-standard provisions and court cases interpreting them. Some umbrella insurers have incorporated provisions commonly known as Prior Insurance and Non-Cumulation of Liability provisions, and these are also discussed in this article, along with some court decisions dealing with them. See The Continuous Injury Trigger and Progressive Injury Exclusions.