Implicit Disparagement Claim Ruling In Trade Dress Infringement Lawsuit Clarifies That Purported Conflict In California Law May Be Less Than Meets The Eye

In Michael Taylor Designs, Inc. v. Travelers Prop. Cas. Co. of Am., 761 F. Supp. 2d 904 (N.D. Cal. 2011), the district court determined that potential coverage arose in a trade dress infringement lawsuit where customers were steered to allegedly inferior, synthetic furniture products in a purported “bait and switch” scheme evidencing implicit disparagement.  In…

Coverage for Claims Asserted in a Wage & Hour Proceeding Under an Employment Practices Liability Insurance: The Beat Goes On

In a brief note posted to Agents of America (www.AgentsofAmerica.org), Joseph P. Monteleone, of Tressler, LLP commented on Gauntlett v. Illinois Union Ins. Co., No. 5:11-CV-00455 EJD, 2012 WL 4051218 (N.D. Cal. Sept. 13, 2012) (“Gauntlett II”) noting that Judge Davila refrained from an expansive interpretation of Illinois Union’s duty to defend. Review of that…

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…

Are You Seeking Insurer Funding Of A Settlement For An Intellectual Property/Business Tort Claim/Lawsuit?

Selecting “Independent Counsel” to Maximize Opportunity for an Insurer Funded Settlement At the inception of a lawsuit, most policyholders focus on whether an insurer has agreed to defend.  Equally significant, however, is assuring that the policyholder obtains “independent counsel” funded by an insurer who can favorably position their interests to obtain a favorable settlement of…

Are You Seeking Indemnification Against Another Entity or The Benefits of Insurance Coverage for Claims of Indemnification Against Your Corporation Arising Out of an Intellectual Property Lawsuit?

The Role of Insurance in Indemnification in Intellectual Property Disputes Corporations that depend upon manufacturing outside the United States, with little recourse to pursue either indemnification or insurance benefits, are well-advised to have extensive insurance coverage to protect their operations against intellectual property claims.  It is hard to envision the myriad ways in which manufacturers…

Are You Seeking Insurance Benefits to Defend a Class Action Wage and Hour Lawsuit Under Your EPLI Policy?

Misrepresentation of an Employee’s Exempt Status May Trigger a Defense Under EPLI Policy for “Disseminat[ing] False Information,” (i.e., Misrepresentation) Insurance coverage under an EPLI policy with coverage for Inappropriate Employment Conduct, defined to include an “employment-related misrepresentation to . . . an employee,” may be triggered by conduct as well as statements that misclassify an…

Federal Unfair Competition Violations

 AMCO Ins. Co. v. Inspired Techs., Inc., ___ F. Supp. 2d ___, 2010 WL 597048 (D. Minn. 2010) The suit alleged false and misleading advertising by ITI in the suit against it by 3M. The lawsuit asserted federal unfair competition violations under the Lanham Act, 15 U.S.C. § 125(a) and state unfair competition laws under…

Patent Infringement

Hyundai Motor Am. v. National Union Fire Ins. Co. of Pittsburgh, PA, 600 F.3d 1092 (9th Cir. (Cal.) 2010) In 2005, Hyundai Motor America (“Hyundai”) was sued for patent infringement by Orion IP, LLC (“Orion”) based on allegations that Hyundai’s website used Orion’s patented methods of generating customized product proposals. Specifically, Orion alleged that Hyundai’s…