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Nationwide Sues To Avoid Defending Vitamin Co. In TM Fight

By Daphne Zhang (July 8, 2021, 5:17 PM EDT) -- Two Nationwide insurance units say they have no duty to cover their policyholder DMS Natural Health in underlying trademark infringement disputes, telling an Illinois federal judge that the policies' intellectual property exclusion bars coverage.

In a complaint filed on Wednesday, Nationwide Mutual Insurance Co. and Nationwide Mutual Fire Insurance Co. said they are not obligated to defend or indemnify the vitamin supplement company because the underlying actions did not allege bodily or advertising injury as covered under the policies.

Nationwide said its policyholder also tendered the matter too late. The policy requires DMS to notify insurers of any underlying claims as...

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