‘Failure To Conform,’ ‘Intellectual Property’ Exclusions Bar Coverage, Judge Says

Mealey's (February 25, 2016, 1:23 PM EST) -- NORFOLK, Va. — A Virginia federal judge on Feb. 22 held that a commercial general liability insurance policy’s “failure to conform” and “intellectual property” exclusions relieve the insurer of its duty defend and indemnify its flood vent manufacturer insured against an underlying lawsuit brought by a competitor, granting the insurer’s motion for summary judgment (Selective Way Insurance Co. v. Crawl Space Door System, Inc. d/b/a Crawl Space Door Systems, Inc., No. 14-650, E.D. Va.; 2016 U.S. Dist. LEXIS 22097).

(Order and opinion available. Document #13-160303-003R.)...
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