Jenner & Block

Insurance Law Update: "Seeking Insurance Coverage for Breach of an IP License Agreement"

Liability insurance policies often contain exclusions related to the alleged or actual infringement of intellectual property rights. These exclusions can be particularly vexing for policyholders as so much of modern commercial litigation has at least some tangential connection to intellectual property rights.  Policyholders can and should, however, challenge overly-broad interpretations of intellectual property exclusions and instead seek to have them narrowly construed to apply only to matters explicitly listed therein.