Insurance Coverage of Intellectual Property Assets

Insurance Coverage of Intellectual Property Assets
Author: David A. Gauntlett
Publisher: Wolters Kluwer
Total Pages: 2268
Release: 2013-01-01
Genre: Law
ISBN: 1454835311

Insurance Coverage of Intellectual Property Assets, Second Edition is the best resource to comprehensively analyze the insurance protection issues that must be considered when an intellectual property dispute arises. From determining the scope of coverage under a policy, to tendering of a claim, to seeking remedies when coverage has been denied, this essential guidebook details the interactions among policyholders, insurers and the courts. You'll find comprehensive and timely analysis of federal and state case law and major commercial insurance policy provisions that address: The extent of insurance coverage under the andquot;advertising injuryandquot; and andquot;personal injuryandquot; provisions Language in policies that limits or excludes coverage for intellectual property claims Public policy exclusions to coverage for claims of an infringement undertaken with intent to harm Interpreting ambiguous language in insurance policies Defending a claim under a andquot;reservation of rightsandquot; and potential conflicts of interest triggered thereby Forum selection and choice of law And more. In addition, there's detailed discussion and comparison of the actual language used in most commercial insurance policies and the most recent Insurance Services (ISO) policies.

Insurance Coverage for Intellectual Property Assets

Insurance Coverage for Intellectual Property Assets
Author: David A. Gauntlett
Publisher: Aspen Publishers
Total Pages: 1056
Release: 1999
Genre: Business & Economics
ISBN: 9780735506688

Insurance Coverage of Intellectual Property Assets is the first resource to comprehensively analyze the insurance protection issues that must be considered when an intellectual property dispute arises. From determining the scope of coverage under a policy, to tendering of a claim, to seeking remedies when coverage has been denied, this essential guidebook details the interactions among policyholders, insurers and the courts. You'll find comprehensive and timely analysis of federal and state case law and major commercial insurance policy provisions that address: The extent of insurance coverage under the "advertising injury" and "personal injury" provisions -- Language in policies that limits or excludes coverage for intellectual property claims -- Public policy exclusions to coverage for claims of an infringement undertaken with intent to harm -- Interpreting ambiguous language in insurance policies -- Defending a claim under a "reservation of rights" and potential conflicts of interest triggered thereby -- Forum selection and choice of law -- And more. In addition, there's detailed discussion and comparison of the actual language used in most commercial insurance policies and the 1976 and 1986 Insurance Services Office (ISO) policies.

IP Attorney's Handbook for Insurance Coverage in Intellectual Property Disputes

IP Attorney's Handbook for Insurance Coverage in Intellectual Property Disputes
Author: David A. Gauntlett
Publisher: American Bar Association
Total Pages: 356
Release: 2010
Genre: Business insurance
ISBN: 9781604425093

This book addresses clients' questions regarding intellectual property insurance coverage and contains information vital to litigators who wish to use insurance to reimburse the cost of defending IP lawsuits, or obtain moneys for their settlement and/or indemnification of damage awards. The book focuses on the policy language carriers have used, how courts have interpreted these, and issues IP practitioners need to be sensitive to in litigating insurance cases.

Sailing Unchartered Waters

Sailing Unchartered Waters
Author: Johanna J. Hillard
Publisher:
Total Pages: 0
Release: 2002
Genre:
ISBN:

The Internet has established a dominant role in the lives of individuals and businesses everywhere. Businesses are taking their services and products to the electronic realm in hopes of tapping into a new source of consumer demand. This new resource, however, brings with it corresponding risks of its uncertainty. One particular risk making its way into the legal headlines is the financial risk posed by intellectual property disputes. Whether Internet related or not, intellectual property disputes can place a substantial financial risk on the companies involved. And with so many companies leaping into the world of e-commerce, many are coming to learn too late the implications of these claims. As companies become more aware of the risks involved in Internet-related business, they have begun to search for insurers that might underwrite the financial risks posed by their new ventures. The substantial risk of copyright, patent and trademark litigation have particularly left companies looking into the language of their insurance policies in hopes of finding coverage. This article attempts to peer into an interesting aspect of this uncharted territory: the intersection between insurance coverage and intellectual property disputes on the Internet. The text will first present an overview of the availability of insurance coverage for non-Internet intellectual property issues, which will be followed by a brief synopsis of the expanding range of scholarly works addressing the availability of insurance coverage for Internet-based claims. Finally, the test will explore the growing range of intellectual property disputes arising from Internet use. After providing a basic understanding of the traditional applications of intellectual property law, this article suggests that future developments largely depend on the reactions of insurers and insureds by squarely addressing the potential liabilities arising from Internet-related intellectual property disputes. Among other concepts, this article suggests that businesses and their insurers must carefully consider how the traditional forms of insurance coverage will handle the expansion of intellectual property issues on the Internet, and whether specialized insurance will be required to address the particular intellectual property liabilities posed by the Internet.

Intellectual Property Law

Intellectual Property Law
Author: Terence P. Ross
Publisher: Law Journal Press
Total Pages: 970
Release: 2000
Genre: Law
ISBN: 9781588520944

This book addresses two crucial concerns of intellectual property owners--how to recover monetary compensation when an infringement has occurred and how to prevent further infringement.

Insurance Coverage Litigation

Insurance Coverage Litigation
Author: Eugene R. Anderson
Publisher: Wolters Kluwer
Total Pages: 2726
Release: 1999-01-01
Genre: Law
ISBN: 073551173X

The absence of persuasive precedents may prevent some attorneys from framing the effective policyholder arguments in insurance coverage litigation. With Insurance Coverage Litigation, Second Edition, youand’ll discover how the experts analyze the facts to win your next insurance coverage case. This unique resource provides comprehensive examination of the full range of issues shaping insurance coverage cases being heard in the courts todayand—including the publicly available, but hard-to-find industry and“loreand” that savvy insurance practitioners use to win complex insurance coverage cases. Whichever side you represent in the billion dollar insurance coverage field, this work contains vital information you canand’t afford to be without when preparing a case for state or federal court. Insurance Coverage Litigation supplies: Extensive analyses of case law on insurance coverage issues arising under general liability insurance policies. Sample CGL Policy Forms. The most in-depth discussion of the drafting history of standard-form general liability insurance policy languageand—including language derived from the insurance industryand’s own representations to the public, governmental agencies, courts and policyholdersand—one of the most powerful tools available to policyholders. Easy-reference tables and state-by-state summaries that help you quickly grasp and compare court interpretations on a broad range of issues including the reasonable expectation doctrine, trigger of coverage and allocation, notice of claim or action, and insurability of punitive damages. Cutting edge analysis and guidance on rapidly evolving areas such as environmental liability, intellectual property disputes, and“cyberand” losses and liability, terrorism coverage, and more.