See the full video at https://youtu.be/J_gGcOaYKBc  I Maryland Cas. Co. against Blackstone Intern. Ltd 442 Md. 685, 706, 114 A.3d 676, 688 (2015) The Supreme Court of Maryland concluded that none of the plaintiffs' acts concerned advertising damage and that there was no obligation on insurers to defend or harm Blackstone.
I Brohawn v. Transamerica Insurance Company, 276 Md. 396, 347 A.2d 842 (1975), the Supreme Court of Maryland recognized an insurance company's obligation to defend its insured for all damages potentially covered by insurance.
A court should consider three investigations when deciding whether an insurance policy provides coverage for advertising damage:
- Is there an "advertising damage" offense as defined in the policy?
- Was the crime committed while advertising your goods, products or services? And
- Is there a causal link between advertising and harm?
Provisions on advertising damage are typically specified risk coverages, the terms of which are designed to cover only the listed claims and not to provide general liability protection. A strongly subdued link to advertising is not enough to create coverage. In order to meet the causal connection requirement, the advertising damage must be caused by a crime committed during the advertisement. The question is whether the advertising actually contributed significantly to the damage.
© 2020 – Barry Zalma
Barry Zalma, Esq., CFE, now limits his practice to employment as an insurance consultant specializing in insurance coverage, insurance claims settlement, insurance claims and insurance fraud almost equally for insurers and policyholders. He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims lawyer and more than 52 years in the insurance business. He is available at http://www.zalma.com and firstname.lastname@example.org.
Mr. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award.
For the past 53 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurers and their claims staff to become professional in insurance claims.
https://zalma.com/zalmas-insurance-fraud-letter-2/ Last read two issues of ZIFL here.
Go to Barry Zalma videos on Rumble.com at https://rumble.com/c/c-262921  Read posts from Barry Zalma at https://parler.com/profile / Zalma / posts  Listen to Podcast: Zalma on Insurance https://anchor.fm/dashboard/episodes Zalma on Insurance
Go to Barry Zalma on YouTube – https://www.youtube.com/channel / UCysiZklEtxZsSF9DfC0Expg /
Go to insurance claims library -https: //zalma.com/blog/insurance-claims-library/
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