Basic Research, LLC v. Admiral Ins. Co.
Annotate this CaseBasic Research, LLC marketed the weight-loss product Akavar. Customers who purchased Akavar filed lawsuits against Basic Research claiming false advertising, defective product, and failure to perform as promised. Basic Research was insured by Admiral Insurance under a policy that provided coverage for "personal and advertising injury." After the underlying claims were filed, Basic Research invoked its coverage and asked Admiral to defend it. Admiral refused to defend, alleging that the underlying claims were not covered by the terms of the policy. Thereafter, Basic Research brought this suit for declaratory relief. The district court granted Admiral's motion for summary judgment, finding that the underlying claims were specifically excluded from coverage. The Supreme Court affirmed, holding (1) the asserted claims were not covered by the policy and were in fact squarely excluded by its terms; and (2) therefore, Admiral had no duty to defend Basic Research.
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