Litigation Privilege Bars Coverage For Statements In ITC Proceeding, Judge Finds

Litigation Privilege Bars Coverage For Statements In ITC Proceeding, Judge Finds

SAN JOSE, Calif. - An underlying complaint against an insured did not trigger coverage under its commercial insurance policies, a California federal judge ruled Nov. 30, because the claims made against the insured in that action cannot constitute defamation or disparagement in light of California's litigation privilege (St. Paul Mercury Insurance Co. v. Tessera Inc.,  No. 5:12-cv-01827, N.D. Calif.; 2012 U.S. Dist. LEXIS 171481).

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