Follow the Money: Insurance Coverage for IP Assets
($5700 by Andrew Magill)
I just ran across this terrific resource for IP practitioners -- Insurance Coverage for IP Assets. Were I still in practice today, I wouldn't make a move without this great source of IP settlement wisdom.
Here's the thing about the law of insurance coverage (a sub-specialty of mine for the last ten or so years of my practice) -- you cannot simply read your clients' insurance policies nor simply read the pertinent case law in deciding whether to make -- or more importantly to press -- a claim for coverage.
There are no easy coverage answers and the difficult questions raised by every coverage dispute vary from state to state.
I live with policy-holder counsel and he can't answer my questions unless I look up the answers and give them to him, at which point he'll tell me why I'm wrong (I usually am) unless I've asked six or seven additional questions. (thanks honey!)
So add this valuable book to your research library in 2008.
Publisher's description of contents below; link to publisher's web page featuring the book above.
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 (ISO) policies.
