Mealey's IP/Tech - Contempt Proceeding Against Insured Does Not Allege Covered 'Damages,' Judge Says

SAN JOSE, Calif. - A California federal judge on Feb. 7 held that an underlying contempt proceeding against an insured fails to assert a claim for covered "damages" under a general liability insurance policy, further finding that the policy's intellectual property and unfair competition exclusions also bar coverage (Great American E&S Insurance Company v. Theos Medical Systems, Inc., No. 17-05660, N.D. Calif., 2019 U.S. Dist. LEXIS 21143).
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