Contempt Proceeding Against Insured Does Not Allege Covered ‘Damages,’ Judge Says

Mealey's (February 12, 2019, 12:21 PM EST) -- 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)....