Utah High Court Backs Unequal Coverage Split In IP Row

Law360, New York (January 9, 2012, 5:23 PM EST) -- Utah's highest court ruled Friday that two insurers that issued successive policies to a company accused of violating a patent licensing agreement should divide coverage proportionately based on policy dates and limits, rather than equally, in response to a question certified by the Tenth Circuit.

A federal district court held that Ohio Casualty Insurance Co. and Unigard Insurance Co. should split the defense of Cloud Nine LLC using the so-called equal shares method, a decision Ohio Casualty appealed to the Tenth Circuit. In the underlying suit,...
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