I have in my office a copy of a Travelers claims manual from the 1980s. In discussing the duty to defend, the manual says, in part: “Ambiguity…means that the words are capable of being understood in two or more reasonably logical ways. Ambiguity should be resolved in favor of the insured. Prompt decisions must be
Enforcing insurance coverage for “intentional” business torts
The other day, I was talking with a lawyer who represented a plaintiff in litigation relating to a failed business transaction. He was lamenting the fact that, if he were to take judgment against the defendants, there wouldn’t be insurance to help satisfy the claim, since, according to him, “no insurance company is ever going…
Insurance coverage for intellectual property lawsuits
Most lawyers brag about the cases they’ve won. I prefer to pick apart the ones I’ve lost. It’s cathartic.
The subject of general liability insurance coverage for supposed intellectual property offenses is hotly contested. Depending on the “personal injury” and “advertising injury” coverage forms used in a particular policy, for example, insurance may exist for…
Coverage for invasion of privacy
The subject of invasion of privacy has been in the news (pretty tragically) lately with the terrible suicide death of a Rutgers University freshman. Classmates allegedly had been spying on his personal life through a webcam, which upset him to the point that he took his own life.
I don’t mean to seem insensitive or…