Third Circuit: no fresh wrong, no duty to defend

United States of America

In Hanover Ins Co v Urban Outfitters Inc the US Court of Appeals for the Third Circuit has affirmed the district court’s decision that, where an alleged trademark infringement began 16 months before an insurance policy took effect, the insurer had no duty to defend or indemnify pursuant to the 'prior publication' exclusion which barred coverage for liability arising from materials first published before the policy began.

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