The Eighth Circuit Court of Appeals found that an insurer had a duty to defend its insured in actions brought against the insured by the Federal Trade Commission and the Missouri Attorney General but not for an action brought by the Iowa Attorney General. The case is State Farm Fire & Cas. Co. v. National Research Center for College and University Admissions, No. 05-1588 (8th Cir. Mar. 13, 2006).

The National Research Center for College and University Admissions (NRCCUA) distributes the results of its high school student surveys to colleges and universities. The Federal Trade Commission (FTC) investigated the commercial use of the survey results and the survey funding. Although the FTC told NRCCUA that it was going to seek “all remedies available,” it “eventually ordered NRCCUA to stop misrepresentations and to make clear and conspicuous disclosures,” but NRCCUA did not make any payments to the FTC.