Toffler Associates, Inc. v. Hartford Fire Insurance
District Court, E.D. Pennsylvania · 2009-07-29 · cited 3×
This case involves a dispute between Toffler Associates, a consulting firm, and its insurer Hartford over coverage under a business liability policy for a copyright infringement lawsuit brought by Inside Washington Publishers. Toffler had been distributing an email newsletter called Morning Brew that included copied articles from IWP's publications, leading IWP to sue for infringement. The policy provided coverage for advertising injury, defined to include copyright infringement in an 'advertisement,' which required widespread public dissemination of information to induce sales via specified media like the internet or other publications with broad distribution. The court granted in part and denied in part both parties' cross-motions for summary judgment, focusing on whether the newsletter's email distribution qualified as an advertisement under the policy's explicit definition and whether it met the criteria for widespread public dissemination. The reasoning centered on interpreting the policy language, rejecting broader ordinary-usage definitions of advertising, and assessing the specific facts of the newsletter's distribution and purpose.