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The Princeton Excess and Surplus Lines Insurance Co. v. A.H.D. Houston, Incorporated dba Centerfolds

Court: 5th Cir  08/25/2023  Models' Claims Against Adult Nightclubs Not Covered as Advertising Injury

The Fifth Circuit Court of Appeals reversed and rendered judgment in favor of commercial liability insurer holding that insured adult nightclubs' use of models' image and likeness in advertisements without models' consent did not qualify as covered advertising injury where Field of Entertainment and Exhibition and Related Marketing exclusions applied, policies were not illusory, and because use of models' images was not a violation of models' right to privacy and because such use was not the "use of another's advertising idea."

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