10th Circ. Favors Time-On-Risk In Gel IP Coverage Row

Law360, New York (January 19, 2012, 7:33 PM EST) -- The Tenth Circuit ruled Wednesday that two insurers that issued successive policies to a company accused of violating a gel patent licensing agreement should divide coverage based on policy dates and limits, reversing a lower court's decision that payouts should be divided equally.

Ohio Casualty Insurance Co. had appealed a Utah federal court's partial summary judgment for Unigard Insurance Co. on the coverage split. In the underlying suit, Edizone LC claimed Cloud Nine LLC — a company insured first by Ohio Casualty, then Unigard — had violated a licensing...
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