Judge: Insurer Is Not Barred From Litigating Applicability Of Knowledge Exclusion

Mealey's (April 18, 2018, 7:47 AM EDT) -- LOUISVILLE, Ky. — A Kentucky federal judge on March 29 held that an insurer is not barred from seeking an independent determination as to whether its insured knowingly infringed on a competitor’s trademarks but is precluded from seeking reimbursement of underlying defense costs (National Trust Insurance Company v. Heaven Hill Distilleries, Inc., No. 14-394, W.D. Ky., 2018 U.S. Dist. LEXIS 52569)....