Gordon & Rees San Francisco insurance partners Matthew Foy and Laura H. Smith recently contributed a chapter in DRI’s 2014 “Coverage B: Personal and Advertising Injury Compendium.”
In Chapter 5, titled “ ‘Oral or Written Publication’: Introduction and What Constitutes Publication?” Foy and Smith provide an in-depth analysis of the “publication” requirement in “personal and advertising injury” coverage, which is increasingly the source of complex coverage disputes across the country. Among other issues, the chapter analyzes the types of allegations sufficient to implicate the “publication” offenses, who must commit the offense, and how widespread a “publication” must be to trigger coverage. The DRI compendium provides a comprehensive analysis of the scope of “personal and advertising injury” coverage, including detailed discussion about breach of privacy, technology, and other emerging issues.
Foy is the co-national practice group leader for the firm’s property and casualty insurance practice as well as the practice group leader of the San Francisco insurance group. He has more than 15 years’ experience representing national insurers at the claims stage, in trial, and on appeal. Foy’s practice focuses on insurance coverage and bad-faith litigation and advice involving primary and excess liability policies with an emphasis on complex personal and advertising injury, cyber-liability, environmental, asbestos, other mass torts, and construction defect matters.
Smith has counseled clients about insurance coverage and risk management for 25 years. She primarily advises and represents general liability, professional liability, directors and officers, employment practices liability, and commercial auto insurers. Her work also has included representing property insurers and reinsurers, and advising self-insured entities about risk management.