Published in Landslide® magazine, Volume 11, Number 2, a publication of the ABA Section of Intellectual Property Law (ABA-IPL), ©2018 by the American Bar Association. Reproduced with permission. All rights reserved.
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the
RightFit
Getting
Tailoring Off-the-Rack
Insurance to Cover IP Disputes
By Erica J. Van Loon
and Justin Thiele
I ntellectual property (IP) litigation is often complex,
invoking overlapping areas of law. Accordingly, the
insurance coverage offered for IP liability is equally as
complicated. Attorneys who practice and counsel on these
matters would be well served in gaining a greater under-
standing of the entire universe of insurance offerings in
order to better serve their clients. Evaluating the client’s
needs, recommending and securing coverage, and successfully
tendering claims to the underwriter all require a strong knowl-
edge of the relevant ts, cuts, and styles the variety of policies
can take. But the picture becomes even thornier when clients
whose businesses revolve around new media and innovative
intellectual property seek ways to manage their risk. As we will
discuss in this article, a basic understanding of the insurance
landscape can give an IP practitioner invaluable foresight into
how existing coverages will react when combined with novel IP
claims—whether it be an off-the-rack general business liability
policy or more couture IP coverage.
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