Outcome Of Coverage Case Pivots On A Comma

Abercrombie & Fitch wins in a coverage dispute that turned on the meaning of language in an advertising-risk policy. The carrier had sought to deny coverage for costs associated with a class action lawsuit alleging the company misled consumers about a gift card promotion. The court accepted the company’s reading of the policy provision at issue, specifically of a single phrase that had been rendered ambiguous by a comma. Dickstein Shapiro attorney James Carter sees a takeaway in this case for any company or broker looking at an advertising-risk policy.