DO “BURIED TREASURES” EXIST? Part Three of a Three Part Series Ascertaining Whether Buried Treasure Exists Requires a Five-Part Analysis These issues include: 1. Did the company give notice to the insurers on risk as of the date of the first alleged “wrongful act” as well as all subsequent carriers and those at higher levels…
A products exclusion barred a defense under the D&O policy which provided no coverage “arising out of, … directly or indirectly resulting from, … or in any way involving … products … produced, … sold, marketed, distributed, … or developed by [W3i].” Id. at *3. The court looked to inferences from the allegations to evidence…
Nutter v. St. Paul Fire & Marine Ins. Co., No. 3:10-CV-63, 2011 WL 240458, at *6 (N.D.W. Va. Jan. 24, 2011) The “injury … that result[s] from …[f]ireworks displays or exhibition” endorsement was not concealed in the lengthy policy nor part of buried “fine print” requiring “painstaking study of the policy” to uncover a causal…
Gauntlett on IP Insurance 