Buried Treasure – Part Two

WHY LOOK FOR “BURIED TREASURE”? Part Two of a Three Part Series Intellectual Property Lawsuits Are Expensive It is not uncommon, pursuant to AIPLA surveys for companies to expend $500,000 to $1,000,000 for defense of trademark and copyright infringement lawsuits.  More than five times that sum may be expended for patent infringement lawsuits.  Where insurer…

“Buried Treasure” – Part One

“BURIED TREASURE” – SECURING REIMBURSEMENT FOR MONIES EXPENDED IN PAST INTELLECTUAL PROPERTY LAWSUITS  Part One of a Three-Part Series Introduction Companies looking for extra money in these tough economic times may have an answer from the past.  The vast majority of insurer denial letters for intellectual property lawsuits lack merit.  Therefore, companies who have litigated…

Media Liability Did Not Cover Claims For Infringement of Title or Slogan in Unfair Competition Lawsuit Under Media Liability Policy

Interstate Bakeries Corp. v. OneBeacon Ins. Co., ___ F. Supp. 2d ___, 2011 WL 767055 (W.D. Mo. Feb. 25, 2011) The OneBeacon policy provides “advertising and personal injury liability” coverage for “claims arising from an occurrence committed by the insured during the policy term in or for scheduled advertising and arising from: . . .…

Settlement Uncovered Where Christmas Lights Promoted in Showroom Displays and Selected Customer Presentations

Santa’s Best Craft, LLC v. Zurich Am. Ins. Co., 941 N.E.2d 291, 304-05 (Ill. App. Ct. (1st Dist., 2d Div.) 2010) The court’s decision requiring “actual coverage” only comports with earlier precedent if potential coverage of the claim asserted was found not to be a “primary focus” at the time of settlement.  But under Zurich’s…

Commercial General Liability (“CGL”) Insurer Must Defend Suit Alone Under Atypical Director and Officer (D&O) Policy “Other Insurance” Provisions

Fieldston Prop. Owners Ass’n, Inc. v. Hermitage Ins. Co., Inc., 16 N.Y.3d 257, 945 N.E.2d 1013 (2011) The New York Court of Appeals, answering a certified question from the New York Appellate Division concluded that under the terms of Federal’s D & O policy “other insurance” exists which would cover the ‘loss’ arising from the…