Insurance Coverage of Intellectual Property Assets is the first resource to comprehensively analyze the insurance protection issues that must be considered when an intellectual property dispute arises. From determining the scope of coverage under a policy, to tendering of a claim, to seeking remedies when coverage has been denied, this essential guidebook details the interactions among policyholders, insurers and the courts.The extent of insurance coverage under the "advertising injury" and "personal injury" provisions Language in policies that limits or excludes coverage for intellectual property claims Public policy exclusions to coverage for claims of an infringement undertaken with intent to harm Interpreting ambiguous language in insurance policies Defending a claim under a "reservation of rights" and potential conflicts of interest triggered thereby Forum selection and choice of law And more.In addition, there's detailed discussion and comparison of the actual language used in most commercial insurance policies and the 1976 and 1986 Insurance Services (ISO) policies.
You'll find comprehensive and timely analysis of federal and state case law and major commercial insurance policy provisions that address:
- Preface Addendum
- Existence and Scope of Coverage
- The Scope of Advertising Injury Coverage
- Policy Exclusions
- Public Policy Limitations on Coverage
- Tender of Claim to insurer
- Insurer's Obligation to Defend
- Reservation of Rights
- Defense without Reservation of Rights
- Policy Interpretation
- Coverage for Patent Infringement under the Advertising Injury Provision of the 1976 ISO CGL Policy Form
- Coverage for Patent Infringement under the 1986 ISO CGL Policy Form
- Coverage for Trademark Infringement Claims under the 1976 Policy Form
- Coverage for Trademark Infringement Claims under the 1986 ISO CGL Form
- Coverage for Trade Secret Claims under the 1976 ISO CGL Policy Form
- Coverage for Trade Secrets under the 1986 ISO CGL Policy Form
- Coverage for Copyright Infringement under 1976 and 1986 ISO Forms
- Coverage for Intellectual Property Torts under the 1998 ISO CGL Policy Form
- Variant Commercial General Liability Policy Definitions
- Policyholder's Remedies for an Insurer's Denial of Defense or Failure to Perform
- Insurer's Indemnity Obligations
- What Coverage should be obtained; Types of Insurance Policies Available
- Forum Selection and Choice of Law
- Declaratory Relief
- Risk Management
Table of Cases
Index
David A.
Gauntlett
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