A Primer On Coverage For Infringement Suits

Law360, New York (February 22, 2011, 1:56 PM EST) -- Since the dawn of insurance coverage for advertising injuries, policyholders have sought to have their insurance companies pick up the tab for defense costs and liability associated with patent-infringement lawsuits. For several decades, insurance companies and some courts contended that comprehensive general liability (CGL) policies flat-out did not cover advertising injury associated with patent infringement.

Recent years, however, have witnessed a small yet growing trend among courts to find coverage for patent-infringement claims if the policyholder is alleged to have infringed an advertising technique that is...
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