Insurance - Denial of Coverage - Breach of Contract - Intellectual Property - Lost Profits
Sued insurance carrier for failing to defend insured business client in litigation in Kentucky brought by competitor over alleged taking of intellectual property by independent contractor of competitor who went to work for client. Since materials allegedly taken were sales materials related to car dealership promotional marketing asserted on behalf of client that defense should have been provided under advertising injury coverage of insurance policy. Court agreed and entered judgment on that issue in favor of the client. Insurance company also attempted to convince court that their liability should be limited to the $2,000,000.00 in policy limits if they lost at trial rather than all of the damages of the client. On behalf of the client argued, as had been set forth in suit, that insurance company was liable for all damages, not matter the amount, because they had breached the contract with the insured and were therefore liable for all damages that reasonably flowed from that breach. The court agreed. At trial insurance company contended that even if they owed a defense they were not liable for the damages of the client. The client had paid the cost of the defense and some money to the competitor to settle the claim but most significantly had agreed not to compete for four years in this very lucrative area of business. The jury awarded $18,787,500.0,$18,500.00 of which was lost profits related to the agreement not to compete for four years.
Insurance - Swimming Pool - Coverage Denial
Non-profit business client was having Olympic sized pool refurbished when it popped out of the ground due to negligence of subcontractor performing refurbishment. Subcontractor had no insurance coverage and claim was made on behalf of client under their owner property insurance policy to recover for the loss. The insurance carrier denied the claim. Suit was filed and the insurance carrier sought a judgment from the judge in their favor on the coverage issue and same was done for client. Insurance carrier lose and judge entered judgment in favor of client. Insurance carrier appealed the judgment and the decision was upheld on appeal. Client received full amount of damages, plus interest and all attorney fees of the client incurred as a result of representation were also paid by the insurance carrier. Total recovery $300,000.00.
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