In Landmark American Insurance Co. v. Reproductive Genetics Institute Inc., the U.S. District Court for the Northern District of Illinois granted judgment on the pleadings in favor of Landmark American Insurance Co., holding there was no duty to defend under the medical professional liability (MPL) or commercial general liability (CGL) coverage parts of the Landmark policy with respect to a class action asserting claims for deceptive advertising and misrepresentations relating to preimplantation genetic testing for aneuploidy (PGT-A).
Landmark insured Reproductive Genetics Institute Inc. (RGI) under a policy that included coverage parts applicable to CGL and MPL. In October 2024, a lawsuit was filed against RGI alleging that it marketed and sold PGT-A testing by making false and deceptive representations regarding the test’s accuracy. The complaint asserted various causes of action, including violations of Illinois’ consumer protection statutes, fraud, breach of warranty, and unjust enrichment.
Prior to the filing of the underlying lawsuit, RGI received a demand letter related to the claims and tendered the demand to Landmark for coverage. Landmark denied coverage, and the underlying lawsuit was subsequently filed.
In a separate coverage action, Landmark sought a declaration that it had no duty to defend or to indemnify RGI in the underlying suit under either the CGL or MPL coverage parts, arguing that marketing and advertising are not professional services in the context...
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