Hard on the heels of a new case applying Infringement Exclusions under Florida Insurance Law, posted here on December 17, 2010, comes this report from a newspaper columnist of how these Exclusions are known to Claimants and, sometimes at least, are used for coercion:
Going after websites using trademark law is the kind of tactic that deep-pocketed companies have been deploying more and more frequently to shut down negative commentary about them .... Even if the plaintiffs in these cases don't prevail in court, they can stifle their opponents by bleeding them of cash.
Yvonne Abraham, "A Victory For Free Speech" (Boston Globe Online, Sunday, December 19, 2010).
Insurance Policy Exclusions as weapons of destruction. Realistically, a part of modern life.
Remember the Poor!
Exclusions under Liability Insurance Policies, including Exclusions of Claims "Arising Out Of" various conduct, are addressed in the context of Coverage and alleged Insurance Bad Faith Claims by Dennis J. Wall, "Litigation and Prevention of Insurer Bad Faith" (Shepard's/McGraw-Hill Second Edition; West Publishing Company 2010 Supplement). See generally id., Chapter 5, "Insurer's Defenses Against Action by Insured": first, in § 5:14 (Settlement); next, in § 5:24 (Defense), and finally, in § 5:49 (Inadequacy of Defense).
Please Read The Disclaimer. See also the analysis of other features of the Sanderson v. Zurich American Insurance Company decision applying Florida Insurance Law to Infringement Exclusions, on Insurance Bad Faith Law Blog posted on Friday, December 17, 2010.
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