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

Key questions that an IPO owner, as licensor, needs to ask are the following:

1. Is your licensee insured?

2. Is his insurance adequate?

3. Is your company named as an additional insured under his policy?

4. Does your license agreement require his insurance to step up to the plate before your indemnification provisions are triggered?

5. Are indemnification issues covered under patent owner’s policies?

In assessing the answers to each of these questions, it is evident that consideration of insurance Continue Reading...

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Coverage Opportunities Under Policies Issued to Affiliated Companies May Be Broader Than Those Available to the Company

While major corporations may find that access to insurance is limited by their self-insured retention, there are nevertheless many situations where a major corporation having acquired a smaller corporation otherwise succeeded to its legal rights, including those to pursue insurance under its policies, may provide broader and lower attachment point coverage than the corporation. The following questions should be asked to assess whether this opportunity exists in any litigation matter, where a corporation is sued along with its recently acquired subsidiary or new subsidiaries as co-defendants.

These scenarios should be reviewed:

● Umbrella policies may define a policy term (joint venturer) so as to include the acquiring company in a suit where both parties are named as a defendant.

● “Occurrence” coverage under policies of acquired companies; this coverage may be broader than that available to the acquiring company.
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