Insurer Must Defend Strip Club Against Infringement Claims

 Wednesday, May 12, 2021

 The National Law Review

In September, we discussed a Florida district court’s finding that an insurer must defend a Miami strip club in a lawsuit filed by 17 models who alleged the club used their images to promote its business without authorization.

Recently, an Illinois federal judge ruled similarly, ordering that First Mercury Insurance Company defend its insured, Triple Location, against a similar lawsuit. In First Mercury Insurance Co. v. Triple Location LLC, three models sued the insured strip club after it allegedly published their images without consent.

The models claimed the unauthorized postings created the false impression that they had agreed to promote the insured business, Club O, which harmed their image, brand, and marketability.

The models also alleged that the club was negligent in failing to adopt and implement policies and procedures to prevent the misappropriation of images.

The insured tendered defense of the models’ lawsuit to First Mercury, which had issued a general liability policy under which the insurer agreed to defend the club against any suit seeking damages for ‘personal and advertising injury.’