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Two cases decided in 2021 illustrate how claims that negligence resulted in culpable social media posts may provide an avenue for savvy plaintiff lawyers to artfully plead to find coverage that would otherwise not exist.
Tuesday, May 11, 2021 In September, we discussed a Florida district court’s finding that an insurer must defend a Miami strip club in a lawsuit filed by 17 models who alleged the club used their images to promote its business without authorization. Recently, an Illinois federal judge ruled similarly, ordering that First Mercury Insurance Company defend its insured, Triple Location, against a similar lawsuit. In First Mercury Insurance Co. v. Triple Location LLC, three models sued the insured strip club after it allegedly published their images without consent. The models claimed...
ADVERTISEMENT Insurer Must Defend Strip Club Owner In Models' IP Suit Law360 (April 30, 2021, 1:49 PM EDT) -- An Illinois federal judge ruled that First Mercury Insurance Co. has to defend a strip club operator in a suit by three professional models who claim their images were used without consent to promote the club on its website and social media accounts. First Mercury's "personal and advertising injury" coverage extends to the models' claims that Triple Location LLC was negligent in not having policies to avoid the unauthorized use of their photos in the promotion of Club O on Facebook a...