Tuesday, December 27, 2011

Interesting Coverage Decision on Multi-Million Dollar Case Out of Montgomery County

In the case of OneBeacon Ins. Co. v. William A. Graham Co., et al., No. 2009 - 41636 (C.P. Montg. Co. Dec. 14, 2011 Ott, J.), Montgomery County Judge Stanley R. Ott ruled that an insurance broker and its employee are not entitled to indemnity under their "advertising injury" coverage for a multi-million dollar judgment entered against them in a federal copyright infringement suit.

This decision is notable for its thorough recitation on the law of contract construction and the duty to defend and/or indemnify.  The Opinion is also interesting in that the Judge chooses to break out a Webster's Collegiate Dictionary for the determination of the ordinary meanings of pertinent words left undefined in the insurance policy at issue.

Anyone desiring a copy of the OneBeacon Ins. Co. v. William A. Graham Co., et al. case may contact me at dancummins@comcast.net.

I send thanks to Attorney Andrew L. Braunfeld of the Conshohocken law firm of Masterson Braunfeld LLP for bringing this case to my attention.

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