Intellectual Property Claims

May 04.2010

Patent Infringement Actions May Be Covered As Advertising Injury

The Ninth Circuit recently held in Hyundai Motor America v. National Union Fire Ins. Company of Pittsburgh, PA that third-party patent infringement claims against Hyundai gave rise to a duty to defend. The case is a testament to the importance of broadly considering the potential for insurance coverage of all claims. The Court has just recently summarily rejected National Union’s request that the Ninth Circuit certify the coverage question to the California Supreme Court. Thus, this opinion will remain the last word on the subject for the time being. Hyundai’s website included “build you own vehicle” and parts catalogue features...

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March 16.2010

Preparing for a Mediation Involving Coverage Issues

Adequate preparation is essential for any mediation, and mediations involving insurance coverage issues are no exception. Whether the focus of the mediation is the insurance coverage dispute itself, or whether the insurer is attending a mediation of the underlying action (with an expectation that it will fund any settlement), the insured can and should take certain steps to ensure a more productive session. 1) Select the right mediator Only the attorneys handling the case can judge which mediator has the right style and temperament to handle their specific matter. An additional consideration, however, should be whether the mediator has some...

Read the Article | Comments (4) | TrackBack | Posted in Construction Insurance, D & O, General Liability Policies, Intellectual Property Claims, Pollution Claims, Property Insurance, Risk Management

March 04.2009

Coverage for Implicit Disparagement of Another’s Products

Disputes over intellectual property that include allegations of anti-competitive conduct may raise a potential for insurance coverage. Common allegations in this context which can trigger a duty to defend under the “personal injury” or “advertising injury” coverages found in the standard CGL policy include disparagement of another’s products. A recent decision by Judge James Ware in the Northern District of California held that allegations of implicit disparagement of a competitor’s products create a potential for coverage. In E.piphany, Inc. v. St. Paul Fire & Marine Ins. Co. (N.D. Cal. Dec. 16, 2008), false representations by an insured concerning only its...

Read the Article | Comments (0) | TrackBack | Posted in General Liability Policies, Intellectual Property Claims, Risk Management