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Coverage and Exclusions
4/7/2008 9:17:37 AM EST
Trademark Infringement Claim Might Trigger Coverage Despite Exclusion
Posted by Jeffrey L. Kingsley
Attorney, Goldberg Segalla LLP
Policyholder notified his insurer regarding a trademark infringement lawsuit over his band name, "The Doors", and requested coverage under his commercial general policies. Insurer denied coverage on the basis that such a claim was excluded from coverage under the "field of entertainment" exclusion. The Ninth Circuit concluded that there is an argument that the complaint asserts a separate breach of contract action that, at minimum, raises at least the potential for coverage under the applicable policies. For more information about this case, please notify Jeff Kingsley.

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