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…
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…
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…
Gauntlett on IP Insurance 