An investment adviser firm said a CNA unit must cover underlying suits accusing it of stealing a competitor firm's employees and soliciting its investors, telling a Connecticut federal court that the allegations constitute disparagement and advertising injury sufficient to trigger the insurer's duty to defend.

In a motion for judgment Thursday, Norbury Partners LP and Norbury Capital Advisors GP LLC contended that Continental Casualty Co. cannot show that exclusions in a pair of commercial general liability policies unambiguously bar coverage for two underlying suits filed in New York and Connecticut state court.

Allegations in the underlying suits filed by Richmond Global Compass and founder Peter Kellner trigger the insurer's duty to defend under at least one definition of "personal and advertising injury," Norbury argued.

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"It is clear that this exclusion applies to liability for data breaches and other cyber risks — not the type of liability alleged in the underlying actions," Norbury said.

The policies' contract exclusion, which bars coverage for personal and advertising injury arising out of a breach of contract, also does not apply, the firm said.

The Norbury parties are represented by Daniel F. McGuire and Joshua A. Zelen of Anderson Kill PC.

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