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    Insurance Coverage for Intellectual Property Claims: Personal and Advertising Injury, Media Liability, and Cyber Claims

    Por J. Stephen Berry

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    There is a wide variety of available insurance policies that can respond to a daunting spectrum of intellectual property claims to various extents. Some standard forms are written and marketed by worldwide insurance organizations, some are private forms closely guarded by their authors. The commonly available possibilities are analyzed in this publication. The publication untangles the several overlapping forms of insurance coverage that are potentially applicable to intellectual property claims. In the context of this marketplace, policyholders run the risk of either buying too much redundant coverage, or of leaving gaps between the coverages purchased. This publication provides much needed assistance to attorneys acting in an advisory role as well in effectively handling insurance coverage issues. This publication features essential information for both the novice and the seasoned insurance coverage attorney, as well as members of the judiciary who encounter complex intellectual property insurance issues.


    Lawyers who handle entertainment law and technology disputes will especially benefit from this publication, as well as those who handle intellectual property issues. Further, this publication will be of use to inventors, researchers, and developers, as well as those who invest in their ideas and the attorneys who represent each of these parties. It will be useful to agents of insurance companies, as well as brokers that help companies buy insurance. Moreover, this publication will be of substantial use to insurers (both underwriters who develop and sell policies, as well as the claims representatives and managers who must interpret them) and counsellors who represent them as it allows them to stay abreast of the legal rulings that (for good or ill) shape the effect of insurance policies, often well beyond the intent of the underwriters.


    The publication analyzes the requisite elements and available damages for intellectual property claims, personal and advertising injury claims, as well as cyber liability claims.


    Moreover, the inclusion of a full chapter on "cyber" coverage addresses old and new protections for rapidly increasing risks involving electronic data; this chapter will be of particular use to lawyers and executives who help companies in the healthcare, financial, entertainment, communications, and technological industries.
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