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IP INSURANCE COVERAGE ISSUES
Insurance coverage issues are of paramount importance to
claimants
and defendants in many types of litigation and
cases involving patent, trademark, trade secrets, and copyright
infringement are no exception. Identifying applicable liability
policies, distinguishing between covered and non-covered
claims, and calculating "covered" damages is exceedingly
difficult as evidenced by the volume of insurance coverage
litigation surrounding IP claims. One problem is allocating
expenses between defense costs and affirmative claims for
relief where there are counterclaims asserted. Moreover,
there are frequently subtle conflicts of interest between
the insurer and insured. Not only must the prudent lawyer
identify available coverages, but the lawyer must also be
sensitive to the potential liability of agents and brokers
who may have failed to procure proper coverage or who failed
to undertake a proper analysis of the insured's business
and failed to make appropriate and necessary insurance recommendations.
All of these issues require lawyers skilled both in the merits
of the particular business dispute and the nuances of insurance
coverage law.
For an in-depth discussion of IP insurance coverage
issues, please see: Henry, IP
Remedies and Insurance: A Primer for Insureds, Agents and
Brokers,
2002 DRI Intellectual Property and Insurance Seminar, Phoenix,
AZ.
The information included herein is for informational purposes
only. The Firm does not intend to create an attorney-client
relationship with you by providing this information.
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