Glenmark Pharmaceutical, Inc. USA v. Franklin Mutual Ins. Co., , No. L-3114-06, 2008 WL 5194305 (N.J. Super A.D., Sept. 15, 2008)
In a per curiam decision a New Jersey state trial court analyzing a 1986 ISO policy provision found allegations for breach of a confidentiality agreement between two pharmaceutical companies triggered a defense. The court disagreed and found that these sole conduct in issue was violation of the written confidentiality agreement thereby triggering contract exclusion.