Thank You For Submiting Feedback!
United States Court of Appeals for the Eighth Circuit
June 10, 2009, Submitted; July 23, 2010, Filed
[*799] JOHN R. GIBSON, Circuit Judge.
Eyeblaster, Inc. ("Eyeblaster") appeals from an adverse entry of summary judgment in its action against Federal Insurance Company ("Federal") arising out of Federal's denial of coverage under two insurance policies. A computer user sued Eyeblaster, alleging that Eyeblaster injured his computer, software, and data after he visited an Eyeblaster website. Eyeblaster tendered the defense of the lawsuit to Federal, seeking coverage under a General Liability policy and an Information and Network Technology Errors or Omissions Liability policy. Federal denied that it had a duty to defend Eyeblaster, and Eyeblaster brought this action seeking a declaration that Federal owed such a duty. The district court entered summary judgment in favor [**2] of Federal, and Eyeblaster appeals. We reverse.
Eyeblaster is a worldwide online marketing campaign management company that advertisers, advertising agencies, and publishers use to run campaigns across the Internet and other digital channels. Its primary product assists in the creation, delivery, and management of on-line interactive advertising. The company was established in 1999 and has fourteen offices worldwide, with six employees located in North America. In 2007, Eyeblaster delivered online marketing campaigns for nearly 7000 brand advertisers and served ads across more than 2700 global web publishers.
Eyeblaster purchased General Liability and Information and Network Technology Errors or Omissions insurance policies from Federal for the period from December 5, 2005 to December 5, 2007. Subject to the policies' terms, Federal had a duty to defend Eyeblaster against lawsuits, even if such suits were false, fraudulent, or groundless.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
613 F.3d 797 *; 2010 U.S. App. LEXIS 15152 **
Eyeblaster, Inc., Plaintiff - Appellant, v. Federal Insurance Company, Defendant - Appellee.
Prior History: [**1] Appeal from the United States District Court for the District of Minnesota.
Eyeblaster, Inc. v. Fed. Ins. Co., 2008 U.S. Dist. LEXIS 81912 (D. Minn., Oct. 7, 2008)
Disposition: The judgment was reversed and remanded for further proceedings.
coverage, tangible property, alleges, insurer, district court, physical injury, Omissions, technology, advertising, impaired, property damage, software, loss of use, intentionally, asserts, duty to defend, wrongful act, Network, lawsuit, no duty, campaigns, policies, website, online, repair
Civil Procedure, Appeals, Standards of Review, De Novo Review, Insurance Law, Claim, Contract & Practice Issues, Policy Interpretation, Judicial Review, Summary Judgment Review, Standards of Review, Judgments, Summary Judgment, Evidentiary Considerations, Liability & Performance Standards, Good Faith & Fair Dealing, Duty to Defend, Exclusions