Archives: Intellectual Property Insurance

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Travelers Fails to Pull a Rabbit out of its Hat and Must Defend its Insured

In a recent federal court decision out of Colorado, Travelers failed to convince the Court that it had no duty to defend its insured based on its IP exclusion (barring coverage for patent infringement claims).  Travelers’ subsidiary, Charter Oak, attempted to dodge coverage for its insured, Minute Key, Inc., under a liability policy.  Minute Key … Continue Reading

The Inevitable Cyber Break In: Are You Protected?

The prevalence of cyber data breach over the years has not only grown in number, but has also grown in size.  Perhaps the most well-known example of a large-scale data breach is that suffered by Target Corp. occurring at the end of 2013.  The effects of the breach on Target Corp. have been profound. Indeed, … Continue Reading

Policyholders Fight to Preserve Precedent But Court Limits Coverage For Implied Disparagement

On June 12, 2014, the California Supreme Court, in Hartford Casualty Ins. Co. v. Swift Distribution Inc. 59 Cal. 4th 277 (2014), issued its long awaited opinion affirming an appeal of a ruling that at first blush appeared to have reversed years of precedent, excusing Hartford from defending an infringement suit even though the suit … Continue Reading

What Does the “Field of Entertainment Exclusion” Exclude?

What does the “Field of Entertainment Exclusion” exclude? In a recent unpublished decision, Tool Touring Inc. v. The American Insurance Company, the Second Appellate District of the Court of Appeal in California, examined whether an insurer could rely on a “Field of Entertainment” exclusion it called “Entertainment Industry Exclusion”, or “EIE” to shield the insurer … Continue Reading

A Ray of Good News

We all need a piece of good news in the midst of the financial markets’ gloom. It should therefore be welcome information that the California Insurance Commissioner, Dave Jones, issued a press release today that puts Standard & Poor’s downgrade of “certain insurers” credit ratings into context. S&P downgraded many insurance companies’ credit ratings from … Continue Reading