Insurer Needn't Defend Conflict Training Firm In TM Fight

Law360 (February 25, 2020, 3:34 PM EST) -- A Wisconsin appeals court on Tuesday affirmed that Cincinnati Specialty Underwriters Insurance Co. doesn’t have to cover costs for conflict management training firm Vistelar LLC in a trademark infringement lawsuit brought by a former licensing partner.

A three-judge panel of the state’s Court of Appeals agreed with a trial judge that a “known loss” exclusion in Vistelar’s errors and omissions policy with Cincinnati Specialty precludes coverage for the now-settled trademark infringement action brought by the training firm’s onetime licensing partner, Verbal Judo Institute Inc. The exclusion applies to claims against Vistelar that stem from circumstances predating the August 2016 effective date...

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