The Meaning of Broadcasting and Its Application to a Media Exclusion

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When is broadcasting broadcasting as opposed to transmission? And is there a difference? That was the question before the court on an appeal from a judgment that an insurer did not have to defend its insured in a copyright infringement suit. The question was pertinent because of a media exclusion in the policy.

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Insurance Coverage Only Goes So Far

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It should be pretty obvious that you only get the insurance you ask and pay for. Yet, sometimes coverage is sought well beyond the scope of the policy. In a recent case, the court made short work of the issue, but nevertheless the case went all the way to an appeals court even though it was obvious there was no coverage.

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Weapons Exclusion Precludes Coverage


Courts are tough on exclusions but when an exclusion is clear it will preclude coverage. In a recent case, an exclusion for bodily injury arising out of weapons resulted in a coverage case being dismissed

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Unambiguous Intellectual Property Exclusion Means No Coverage

While there is a prevailing sentiment out there that insurance policies are filled with ambiguities, the truth is quite the opposite. Where a relevant insurance provision is unambiguous, courts will construe it as such. That’s just what happened in a recent case before the Second Circuit Court of Appeals.

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