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HANOVER INSURANCE COMPANY v. URBAN OUTFITTERS, INC.

No. 14-3705.

806 F.3d 761 (2015)

The HANOVER INSURANCE COMPANY v. URBAN OUTFITTERS, INC.; U.O.com, LLC; Urban Outfitters Wholesale, Inc.; Anthropologie, Inc.; Anthropologie.com, LP; Free People of PA, LLC; Freepeople.com, LLC, v. OneBeacon America Insurance Company. Urban Outfitters, Inc.; U.O.com, LLC; Urban Outfitters Wholesale, Inc.; Anthropologie, Inc.; Anthropologie.com, L.P.; Free People of PA, LLC; Freepeople.com, LLC; OneBeacon America Insurance Company, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed: October 23, 2015.

Attorney(s) appearing for the Case

Ilan Rosenberg, Esq. , (Argued), Jacob C. Cohn, Esq. , Gordon & Rees, Philadelphia, PA, Dorothy A. Hickok, Esq. , Drinker, Biddle & Reath, Philadelphia, PA, Counsel for Appellants.

Andrew J. Gallogly, Esq. , (Argued), Margolis Edelstein, Philadelphia, PA, Counsel for Appellee.

Before: AMBRO, SCIRICA and ROTH, Circuit Judges.

OPINION

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

I.

On February 28, 2012, in the U.S. District...

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