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Insurance Intellectual Property Civil Procedure

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Pre-Trial Proceedings Swirling in Latin America: Claim Resolution Facilitation or Additional Pre-Suit Condition

by Zelle LLP on

Pre-suit proceedings have become increasingly popular in Latin American jurisdictions. These proceedings economize on cost, time and resources making it a more attractive venue for resolving disputes. As a result, knowledge...more

Business Litigation Report - March 2017

Culture: Meeting Regulatory Expectations - Recent scandals in the corporate and financial spheres have served to highlight the importance of a strong and well-embedded institutional culture. It is difficult to pinpoint...more

Ninth Circuit: Excess Insurers Must Tread Carefully When Rejecting Demands Exceeding Primary Limits

by Cozen O'Connor on

Under California law, a liability insurer has a good faith duty to reasonably settle claims within its policy limits. In Diamond Heights Homeowners Association v. National American Insurance Co., the California Court of...more

The Supreme Court - December, 2016 #2

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases today: Samsung Electronics Co. v. Apple Inc., No. 15-777: A jury found that smartphones manufactured by petitioner Samsung infringed respondent Apple...more

Ohio Court Holds Software Audit Demand Is a Claim Under D&O Policy

In its recent decision in Eighth Floor Promotions v. The Cincinnati Ins. Cos., 2016 Ohio App. LEXIS 4119 (Oct. 11, 2016), the Court of Appeals of Ohio, Third Appellate District, had occasion to consider whether an audit...more

Court Distinguishes Between Claims For Relief And Affirmative Defenses In Denying Rehearing Of Order Compelling Arbitration

by Carlton Fields on

On May 11, 2016 we reported on a dispute between certain captive insurance administrative service providers (Capstone) against various defendants concerning the rights to certain intellectual property related to a captive...more

Federal Courts Compels Arbitration Of Captive Insurance Dispute

by Carlton Fields on

Plaintiffs Capstone Associated Services, Ltd. And Capstone Associated Services (Wyoming), Limited Partnership (collectively, “Capstone”) brought suit against various defendants concerning the use of and rights to certain...more

Washington Court Holds Product Misappropriation Not An Advertising Injury

This article discusses a recent decision in Evanston Ins. Co. v. Clartre, Inc., 2016 U.S. Dist. LEXIS 7289 (W.D. Wash. Jan. 21, 2016), by the United States District Court for the Western District of Washington. At...more

New York Court Holds Insurer Not Entitled to Pro Rata Allocation of Defense Costs

In its recent decision in High Point Design, LLC v. LM Ins. Corp., 2016 U.S. Dist. LEXIS 12690 (S.D.N.Y. Feb. 3, 2016), the United State District Court for the Southern District of New York had occasion to consider how and...more

Who Says Insurers Can't Win in Washington: Selman Breitman's Seattle Office Obtains Summary Judgment for Insurer on Duty to Defend...

by Selman Breitman LLP on

Selman Breitman Seattle Office managing partner Peter Mintzer and senior associate Justin Landreth have obtained a ruling, on summary judgment, that our client, Evanston Insurance Company, owed no duty to defend its insured...more

No Fresh Wrong, No Duty to Defend - Hanover Ins. Co. v. Urban Outfitters, Inc.

by McDermott Will & Emery on

Where an alleged trademark infringement began 16 months before an insurance policy took effect, the U.S. Court of Appeals for the Third Circuit affirmed the district court’s decision that the insurer had no duty to defend or...more

Triple Threat to Coverage: Third Circuit Departs From Three Fundamental Rules in Applying “Prior Publication” Exclusion

by K&L Gates LLP on

Three well-established rules — (1) that policy exclusions are to be interpreted narrowly, (2) that an insurer has the burden to prove the applicability of an exclusion, and (3) that an insurer has a duty to defend as long as...more

Third Circuit Announces Coverage-Defeating First Publication Rule

by Reed Smith on

On October 23, 2015, the United States Court of Appeals for the Third Circuit issued a ruling that may make it more difficult for Pennsylvania policyholders to obtain coverage for the misappropriation of advertising ideas...more

Leading Cases on Chapter 93A

by Burns & Levinson LLP on

Nearly all business disputes in Massachusetts are governed by Chapter 93A. The winning plaintiff under Chapter 93A is entitled to an automatic award of its attorney's fees, and may be awarded up to three times its actual...more

Will Your Cyber Insurance Respond When You Need It Most?

On May 7, Columbia Casualty Company, an insurance company, filed one of the first lawsuits by an insurer seeking to deny coverage for a privacy class action under a cyber insurance policy. Why is this significant? As the...more

Playing with House Money: Fifth Circuit Holds that Home Designs Can Constitute Advertisements

by Carlton Fields on

Insurers – who bear the burden of crafting unambiguous policy language defining the contours of coverage – constantly face difficulty in attempting to predict unexpected liability. And sometimes, Courts can make this job far...more

IP Newsflash - March 2015 #3

FEDERAL CIRCUIT CASES - Federal Circuit Reverses $61 Million Judgment Based on Erroneous Claim Construction - Despite the Supreme Court’s recent Teva v. Sandoz decision that factual findings by a district court...more

Can A House Be An Advertisement? The 5th Circ. Thinks So

by Zelle LLP on

In the world of general liability insurance policies, it is not uncommon for policies to exclude coverage for claims resulting from copyright or trademark infringement, while covering claims resulting from “advertising...more

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

by Robinson & Cole LLP on

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

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

by Latham & Watkins LLP on

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

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