Insurance Policyholder Advocate & Attorney David Gauntlett : Gauntlett Law Firm : Insurance Recovery, Policy Interpretation : Irvine, Orange County, California

Insurance Coverage Questionnaire

1. Is the company a defendant/counterdefendant in litigation?
2. Are any claims for damages, including mere quests for attorneys’ fees or such other and further relief, sought against it?
3. What jurisdiction is the lawsuit filed in?
4. What is the principal place of business and state of incorporation of the insurers who issue policies that might respond to such risk?
5. Where is the principal place of business and place of incorporation of the corporate entity that issued the insurance policy that might respond to these claims?
6. What representations have insurers made regarding the scope of coverage, either in advertisements rendered in connection with solicitation of their products, or in express representation to the company, made to its brokers or directly to the company at the time of policy issuance?
7. What representations re the scope of coverage have been made in any materials provided to the broker and/or company? Continue Reading...

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While some counsel may object that there is less predictability associated with the active pursuit of intellectual property interests, then true of product launches that create liability exposure, the differences are simply matters of degree. New product launches that create exposure are driven by a company’s marketing programs, as are core advertisements that create liability for intellectual property and antitrust risks. While some companies may elect to self-insure at high levels to reduce premium expense in this area, before that decision is made, it makes sense to look at what benefits might have already been available under existing policies for previously litigated antitrust and intellectual property claims.

Most major corporations have procedures, either through existing personnel or through the aid of consultants, that:
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