Wednesday, August 10, 2011

Eighth Circuit -- AMCO Insurance Company v. Inspired Technologies, Inc.

AMCO Insurance Company v. Inspired Technologies, Inc.

Under Minnesota law, duty-to-defend broadly obligates the insurer to defend any single claim that arguably falls within the scope of coverage - absent specific findings on each claim, a "knowledge of falsehood" exception does not broadly remove duty.

Interrogatory statements can be used for this determination - it is not limited to language of the claim and of the the policy.

No intent needed for violations of the Lanham Act.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

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Author's SSRN page here.