The United States Court of Appeals for the Ninth Circuit upheld a District Court’s entry of summary judgment in an advertising injury case based on an intellectual property exclusion. The Ninth Circuit affirmed the ruling that an intellectual property exclusion precluded a defense obligation in a trademark infringement action even where the factual allegations were sufficient to support a potentially covered claim for implied disparagement. Keating Dental Arts Inc. v. Hartford Cas. Ins. Co. (9th Cir., Dec. 24, 2015) 2015 WL 9460142.
Continue ReadingIntellectual Property Exclusion In CGL Policy Precludes Coverage For “Implied Disparagement” Claim
New California Law Affecting Insurance Companies Which Have Exclusive Agreements With Court Reporters Or Guidelines Requiring Use Of A Particular Court Reporting Service
Effective January 1, 2016, when a notice of deposition is served in a lawsuit pending in California state court, the noticing party must disclose (1) the existence of any agreement between the noticing party or third party financing the litigation with a specific court reporter or court reporting service for any service beyond the noticed deposition, or (2) the existence of any requirement imposed by the party or third party financing the litigation that the attorney use a particular court reporter or court reporting service.
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