Insurance Coverage for Intellectual Property Claims

LexisNexis® Matthew Bender®

There is a wide variety of available insurance policies that can respond to a daunting spectrum of intellectual property claims to various extents. Some standard forms are written and marketed by worldwide insurance organizations, some are private forms closely guarded by their authors. The commonly available possibilities are analyzed in this publication. The publication untangles the several overlapping forms of insurance coverage that are potentially applicable to intellectual property claims.

In the context of this marketplace, policyholders run the risk of either buying too much redundant coverage, or of leaving gaps between the coverages purchased. Insurance Coverage for Intellectual Property Claims provides much needed assistance to attorneys acting in an advisory role as well as in effectively handling insurance coverage issues. It features essential information for both the novice and the seasoned insurance coverage attorney, as well as members of the judiciary who encounter complex intellectual property insurance issues.

The resource where insurance coverage and intellectual property claims intersect.

$159 1 volume, softbound, Pub. #02314,

ISBN 9781632828354eBook | epub or mobi format,

eISBN 9781632828361 Price does not reflect sales tax, shipping or handling. Prices subject to change without notice.

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Personal and Advertising Injury, Media Liability and Cyber Claims

Lawyers who handle entertainment law and technology disputes will especially benefit from Insurance Coverage for Intellectual Property Claims, as well as those who handle intellectual property issues. It is also of use to inventors, researchers and developers, as well as those who invest in their ideas and the attorneys who represent each of these parties. Further, it is useful to agents of insurance companies and the brokers who help companies buy insurance. This publication will be of substantial use to members of the insurance community—both underwriters who develop and sell policies, and claims representatives and managers who must interpret them—and the counsel who represent them as it allows all to stay abreast of the legal rulings that, for good or ill, shape the effect of insurance policies, often well beyond the intent of the underwriters.

The publication analyzes the requisite elements, key issues and available damages for intellectual property claims, personal and advertising injury claims, and cyber liability claims.

J. Stephen Berry, J. Randolph Evans, Catherine C. Lyle, Antonio A. Trotta, Kathryn M. Guinn

Insurance Coverage for Intellectual Property ClaimsPersonal and Advertising Injury, Media Liability and Cyber Claims Table of Contents

Ch. 1 Fundamentals of Insurance Law

Ch. 2 Relevant Liability Law: Requisite Elements and Available Damages for Intellectual Property Claims, Personal and Advertising Injury, and Cyber Liability

Ch. 3 Coverage of Personal and Advertising Injury Under Standard CGL Policies

Ch. 4 Other Coverages for Intellectual Property Claims

Ch. 5 “Cyber Insurance”

Table of Cases

Table of Statutes

Index

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About the Authors J. Stephen Berry leads the insurance coverage and bad faith team in the Atlanta office of Dentons U.S. His practice focuses on general liability, IP/media, personal and advertising injury, and construction defect claims. Licensed in Georgia and Louisiana, Mr. Berry’s insurance practice is nationwide; he has litigated coverage and bad faith issues in numerous jurisdictions from coast to coast and frequently advises insurer clients on nationwide coverage developments and helps them take strategic approaches to multi-state disputes.

J. Randolph Evans is the chair of the Financial Institutions practice at Dentons U.S. LLP. He handles high-profile, complex litigation matters in state and federal courts throughout the United States for some of the largest companies in the world.

Catherine C. Lyle is an attorney within Swiss Re’s Corporate Solutions Claims Department. Her work focuses on claims, litigation and class actions arising out of the Professional Liability policies for technology, media and telecommunication companies, as well as cyber liability policies for non-technology companies.

Antonio A. Trotta is a senior claim counsel with CNA Specialty in Radnor, PA. He is the senior claim representative within the CNA Specialty Claim Unit for E&O/Technology and Media claims. Prior to CNA, Mr. Trotta worked in private practice for years as an insurance coverage, business dispute and securities litigation attorney.

Kathryn M. Guinn is a member of the insurance coverage and bad faith team in the Atlanta office of Dentons U.S. Ms. Guinn has experience in complex multi-million dollar financial services and insurance coverage litigation including STOLI litigation, bad faith and insurance coverage litigation, intellectual property coverage litigation and fraud causes of action.