Greenwich Ins. Co. v. Media Breakaway, LLC
(C.D. Cal. July 22, 2009)
Defendants online marketing company and corporate officer were sued by MySpace Inc. for sending spam mail through MySpace users’ accounts without their knowledge through ‘phishing’. Defendants held a directors’ and liability insurance policy and an errors omissions insurance policy. Each policy excluded coverage for intentionally dishonest conduct, and claims made as a result of profit gained by the policyholder to which it was not entitled. The court held that …
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