Hanover Insurance Co v. Urban Outfitters Inc

OPINION

ROTH, Circuit Judge.

The “prior publication” exclusion of liability insurance contracts prevents a company from obtaining ongoing insurance coverage for a continuing course of tor-tious conduct. In this appeal, we consider the scope of the “prior publication” exclusion.

I

On February 28, 2012, in the U.S. District Court in New Mexico, the Navajo Nation and its affiliates (collectively Navajo Nation) sued Urban Outfitters and its affiliates (collectively Urban Outfitters) for trademark infringement and related common law and statutory violations. Navajo Nation’s central allegation was that…