Insurance Intellectual Property

Read Insurance Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

Illinois Court Finds Coverage for Advertising Injury

In Selective Insurance Co. of the Southeast v. Creation Supply Inc., 2015 Ill. App. (1st) 140152-U, the Appellate Court of Illinois, First District, had occasion to consider whether an insured’s in-store retail displays of...more

Texas Court Holds No Duty to Defend Claims of Monopolistic Practices

In its recent decision in Uretek United States v. Cont’l Cas. Co., 2015 U.S. Dist. LEXIS 18610 (S.D. Tex. Feb. 17, 2015), the United States District Court for the Southern District of Texas had occasion to consider a general...more

Can A Certified Class Include Uninjured Parties? First Circuit Majority Says “Yes,” In Some Instances

One of the “hot” issues in class actions today is whether, or to what extent, a class can be defined to include members who were not injured, and do not have standing to sue. ...more

Insured’s Noncompliance With Notice Provision Prohibits Judgment Creditor From Collecting

In its Memorandum and Recommendation on Defendant’s Motion to Dismiss in Kipp Flores Architects, LLC v. Mid-Continent Casualty Company, case number 4:14-cv-02702 (S.D. Tex. Jan. 9, 2015), the United States District Court for...more

The Case of the Zealous Defense Counsel

A law firm asked us for advice a few months into a fast-moving intellectual property lawsuit. The complaint alleged trademark and copyright infringement claims against the company and two of its officers. They noted that...more

Latest Updates to Media Liability Insurance in California

Hinshaw & Culbertson LLP partner James Castle recently enhanced and updated the chapter on Media Liability Insurance for LexisNexis' California Insurance Law & Practice. Cases discussed include: ?S.B.C.C., Inc. v. St....more

.bank and Other Domain Names to Open for Financial Institutions... And Others

The governing body that administers the domain name space, the Internet Corporation for Assigned Names and Numbers (ICANN), is in the process of vastly expanding the number of top level domain names (like .com and .net) from...more

Expect Focus - Regulators Are Watching: New Products, New Opportunities, New Risks - Volume III, Summer 2014

In This Issue: - IN THE SPOTLIGHT ..Standard CGL Policy Form Adds Data Breach Coverage Exclusion - LIFE INSURANCE ..Class Claims Against Lincoln National Barred in Section 419 Action – Again ...more

Business Litigation Report -- August 2014

In This Issue: - Main Article: ..Ninth Circuit Shifts “Significant Expense” of Compliance with Third Party Subpoenas to Party Seeking Discovery - Noted With Interest: ..Delaware Court Finds Password...more

California Supreme Court Defines Scope of Advertising Injury Coverage

Hartford v. Swift imposes “specificity” requirements that may provide comfort to companies facing disparagement claims while requiring careful navigation to trigger CGL policies. The California Supreme Court recently...more

Law Firms Are Not Body Shops: An Insurer’s Duty to Defend Requires it to Pay Only the Defense Costs the Insured Actually Paid

In the course of discharging their coverage obligations, insurers often benefit from bargains they strike with service providers. Healthcare insurers pay in-network caregivers rates that are dramatically lower than the...more

You May Have Stolen the Advertising Database, But You Still Have No Advertising Idea

In Liberty Corporate Capital Ltd. v. Security Safe Outlet, 2014 WL 3973726 (6th Cir. August 15, 2014), the Sixth Circuit Court of Appeals held that where a stolen customer database is used as the basis of an advertising...more

Land of Confusion: Insurance Coverage for Pre-Suit FCPA Investigation Costs under D&O liability Policies

Bloomberg recently reported that Walmart spent $439 Million in the past two years related to a Foreign Corrupt Practices Act (“FCPA”) investigation . Moreover, Walmart predicts that it will spend an additional $200 Million to...more

Can Insurance Coverage Provide Meaningful Protection from Patent Trolls and Other Infringement Claims?

Notwithstanding two recent Supreme Court decisions making it easier to recover attorney’s fees from non-practicing entities (NPEs), or “patent trolls” as they are commonly known, insurers continue to market policies that...more

Office of the Commissioner of Insurance of Georgia Proposes New Regulation Governing Protection of Trade Secret Information

The Office of the Commissioner of Insurance of Georgia ("OCI") has proposed a new rule concerning procedures to be followed by persons or entities asserting trade secret protection of information filed with the OCI to comply...more

You’re Getting Sued for What? An E & O Odyssey (Pt 13)

As reported by the National Post, a Montreal-based artist is suing the producer and broadcaster of the television series 30 Vies – on the basis that footage of a graffiti tag on a building which is incorporated into the...more

You’re Getting Sued for What? An E & O Odyssey (Pt 11)

This post is part of an occasional series highlighting the type of risks which film and TV producers face and which are supposed to be covered by “errors and omissions” (E&O) insurance. The series aims to demonstrate that...more

Prior Publication Precludes Coverage for Advertising Injury

In Street Surfing, LLC v. Great American E&S Ins. Co., 752 F.3d 853 (9th Cir. 2014), the court held that the prior publication exclusion precluded coverage to Street Surfing, LLC (“Street Surfing”) for an underlying lawsuit...more

Denying Coverage Based on Advertising Injury, Court Finds Corporations are Not Persons

A New York appellate court recently found that a corporation is not the kind of "person" that can suffer a violation of privacy rights for purposes of advertising injury coverage. In Sportsfield Specialties, Inc. v. Twin City...more

At the Crossroads - Brand integration deals involve copyright, trademark, and insurance considerations

At the crossroads of Hollywood Boulevard and Madison Avenue, a variety of legal and business issues must be considered and addressed in order to set the stage for a successful brand integration deal. In the historical...more

Insurance Recovery Law - July 2014

Second Circuit: Insurer Must Defend Where Factual Allegations Create a Possibility of Coverage - Why it matters: In a recent pro-policyholder decision, the Second Circuit, applying New York law, reminded...more

California Supreme Court Refines the Tort of Commercial Disparagement

On June 12, 2014, the California Supreme Court issued its decision in the closely watched case of Hartford Casualty Insurance v. Swift Distribution, Inc., S207172. I reported on the Court of Appeals decision last year on...more

Policyholder Observer

Encryption Flaw "Heartbleed" Creates Data Risk: How Insurance Can Stanch the Bleeding - In early April, news broke of an encryption flaw named “Heartbleed” that exposed companies to data breaches for over two and one...more

California Supreme Court Addresses Coverage for Product Disparagement

In its recent decision in Hartford Casualty Insurance Company v. Swift Distribution, Inc., 2014 Cal. LEXIS 3765 (Cal. June 12, 2014), the California Supreme Court had occasion to consider the type of statements that qualify...more

Rising up from the Trenches: Ninth Circuit Broadly Interprets Breach of Contract Exclusion in Trademark Infringement Case

On May 23, 2014, the Ninth Circuit upheld a California district court decision that broadly interpreted the breach of contract exclusion in a commercial general liability policy to preclude coverage for all personal and...more

119 Results
|
View per page
Page: of 5

Follow Insurance Updates on: