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XXX-rated neon sign Capitol Specialty provides liability insurance to 35 Club with respect to damages from “personal and advertising injury” arising out of the club’s business. (Courtesy photo)

An insurance company that issued a policy to a New Jersey adult entertainment club is asking a judge to decide whether it must provide coverage for a lawsuit accusing the club of online misappropriation of women’s images.

Capitol Specialty Insurance filed suit on March 9 seeking a declaration that it need not provide coverage to the defendant in the underlying case, Marrin v. 35 Club, which was filed in September 2017. That case is one of several filed in New Jersey and elsewhere in recent months claiming that adult establishments misappropriate images of models and actresses for their websites, social media pages and other marketing efforts.

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