Most businesses, including apparel manufacturers and retailers,
pay premiums for insurance. When a claim that is potentially
covered arises: do not let your insurance company
leave you naked. Insurers and insurance brokers may tell you that a
claim is not covered when there really is coverage under one or
more policies. Accordingly, when there is an unusual claim, you
should not rely on the advice of your insurance broker and you
should definitely not rely on the advice of your insurer. Instead,
consult with insurance coverage counsel who can assist you with
obtaining the coverage to which you are entitled under your
policies.
A case in point is a July 13, 2012 opinion from the California
Court of Appeal that potentially benefits the entire apparel
industry: Travelers Property Casualty Company of America v.
Charlotte Russe Holding, Inc., et al. ("Charlotte
Russe"). The Charlotte Russe opinion reaffirmed the
broad coverage of a duty to defend under an insurance