copyright infringement Archives - The Insurance & Reinsurance Report

October 13, 2015 Emerging Issues / Personal and Advertising Injury

“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 …

May 22, 2015 Emerging Issues

Illinois Appellate Court Finds No Duty to Defend Copyright Infringement Suit

In Erie Insurance Exchange v. Compeve Corp., 2015 IL App (1st) 142508, the Illinois Appellate Court held that Erie Insurance Exchange had no duty to defend Compeve Corporation and Slava Packovskis in a copyright infringement lawsuit filed by Microsoft Corporation. Microsoft specifically alleged copyright infringement as a result of the defendants selling computers with unauthorized copies of Windows XP installed.

Erie filed a declaratory judgment action. The Erie Policy contained standard CGL Coverage B language. The coverage dispute centered on the Infringement Offense, and …