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Hudson Ins. Co. v. Colony Ins. Co., No. 09-55275

NFL Merchandise-Related Insurance Case

In Hudson Ins. Co. v. Colony Ins. Co., No. 09-55275, an action by one insurer against another for equitable contribution arising out of the defense of a suit by the NFL against the insured for allegedly selling counterfeit jerseys, the court affirmed summary judgment for plaintiff where the insured was potentially liable for slogan infringement, a claim covered by defendant's insurance policy.

As the court wrote:  "In NFL Properties LLC v. All Authentic Corp. ("NFL Action"), NFL Properties sued All Authentic for allegedly selling counterfeit National Football League jerseys. The plaintiff here, Hudson Insurance Company, defended All Authentic in the NFL Action under its insurance policy with All Authentic. The defendant, Colony Insurance Company, however, argued that its policy did not cover the claims that NFL Properties brought against All Authentic and refused to defend the suit."

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