Insurance may cover lawsuits over patents; courts are split on whether insurers have a duty to defend

Article Abstract:

Courts remain divided over whether insurers have a duty to defend holders of advertising injury policies who are sued for patent infringement arising from advertisements. Charles Prior Hall filed suit against several makers of water-bed equipment alleging infringement of his patent, and the makers appealed to their insurance companies for defense. Despite near-identical policies, courts held in some cases that the insurance applies to the circumstances, but in others that it does not, notably under California law.

Direct Property and Casualty Insurance Carriers, Surety insurance, Commercial Property & Liability Insur, United States, Liability insurance, Patents, Business insurance

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Courts split: is an agency action a suit? California high court joins a minority of states in ruling that insurers do not have to defend against administrative actions

Article Abstract:

The California Supreme Court joins with its 1998 ruling in Foster-Gardner v. National Union Fire Insurance Co. a list of 10 other state supreme courts in ruling whether the standard duty to defend a suit obligates an insurance company to defend and pay other defense costs incurred in responding to government-mandated environmental clean-up, even if no lawsuit has been filed against the insured. The California court joined a minority of other state high courts in answering that question with a "no."

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No suit means no duty to defend or indemnify; California courts use literalist apporach to determine whether insurer's obligation kicks in

Article Abstract:

The California Supreme Court ruling of Foster-Gardner v. National Union Fire Insurance Co., a ruling on when an insurance company's duty to defend a policy holder against third-party liabilities begins, is presented. The court held that environmental agency activity before the filing of a complaint did qualify as a suit triggering such a duty to defend.

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