45.6 Insurance Coverage. PAJ, Inc., a jewelry company, had a commercial general liability (CGL) policy from Hanover

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45.6 Insurance Coverage. PAJ, Inc., a jewelry company, had a commercial general liability (CGL) policy from Hanover Insurance Company. It covered, among other things, liability for advertising injury. The policy required PAJ to notify Hanover of any claim or suit against PAJ “as soon as practicable.” Yurman Designs sued PAJ for copyright infringement because of the design of a particular jewelry line. Unaware that the CGL policy applied to this matter, PAJ did not notify Hanover of the suit until four to six months after litigation began. Hanover contended that the late notification violated the terms of the policy, so the policy did not apply to this incident. PAJ sued Hanover, seeking a declaration that it was obligated to defend and indemnify PAJ. The trial court held for Hanover, as did the appeals court. PAJ appealed to the Supreme Court of Texas. Does Hanover have an obligation to provide PAJ assistance, or did PAJ violate the insurance contract? [PAJ, Inc. v. Hanover Insurance Co., 243 S.W.3d 630 (Sup.Ct. Tex. 2008)]

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Business Law Today Comprehensive

ISBN: 9780324595741

8th Edition

Authors: Roger LeRoy Miller, Gaylord A Jentz

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