Another Victory for Insurers Relying on IP Exclusions

Pinnacle Brokers Insurance Solutions LLC v. Sentinel Insurance Co, Ltd., No. 15-cv-02976-JST, 2015 U.S. Dist. LEXIS 117299 (N.D. Cal. Sept. 2, 2015), arose out of a lawsuit filed by Granite Professional Insurance Brokerage, Inc. (Granite) against Pinnacle Brokers Insurance Solutions LLC and employees of Pinnacle (collectively “Pinnacle”). Granite alleged that Pinnacle conspired to steal its customers and prospective customers by carrying out a series of misleading tactics and misappropriating confidential and trade secret information. The underlying complaint sought damages and injunctive relief and included …

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No Coverage for Consumer Privacy Claims Say Third Circuit and Seventh Circuit

In two recent cases, the Third Circuit and Seventh Circuit each found an absence of coverage under general liability policies resulting from consumer privacy claims, one for alleged violations of a state ZIP code statute and another for alleged violations of a state unauthorized recording statute. Since both cases involved coverage for class action lawsuits seeking statutory damages, these are big wins for insurers.

First, the Third Circuit in OneBeacon America Insurance Co. v. Urban Outfitters, Inc., No 14-2976, 2015 U.S. App. LEXIS 16399 …

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“It Wasn’t Me, It Was Lil Johnny!” Wisconsin District Court Holds Third-Party Publication Triggers Prior Publication Exclusion

In Design Basics LLC v. J & V Roberts Investments, Inc., No. 14-cv-1083-JPS, 2015 U.S. Dist. LEXIS 121372 (E.D. Wis. Sept. 11, 2015), the United States District Court for the Eastern District of Wisconsin determined, in pertinent part, that in a case involving allegations of copyright infringement, a commercial general liability insurer, Acuity A Mutual Insurance Company (Acuity), had no duty to defend because the prior publication exclusion barred coverage.

The dispute arose when the plaintiffs, who are engaged in the business of publishing …

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The Tenth Circuit Clarifies the Terms “Broadcasting” and “Telecasting” in Exclusions under the “Advertising Injury” Section in CGL Policies

In Dish Network Corp. v. Arrowood Indemnity Co., et al., D.C. No. 1:09-CV-00447-JLK-MEH (10th Cir. Nov. 25, 2014), the Tenth Circuit affirmed a district court’s grant of summary judgment in favor of the insurers, Arrowood Indemnity Company, Travelers Indemnity Company of Illinois, XL Insurance America, Inc., and National Union Fire Insurance Company of Pittsburgh, finding that the insurers were not obligated to defend and indemnify Dish Network Corporation or Dish Network, LLC (collectively Dish Network) due to exclusions present in their respective insurance policies.…

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