10th Circuit Court of Appeals Lets Summary Judgment Stand On Broadcasting Exclusion In Patent Infringement Case

1/20/2015

Dish Network was sued for patent infringement in California multidistrict litigation. It tendered its defense to Travelers and several other primary and excess liability carriers. All carriers denied coverage and declined to defend. Dish sued, asserting breach of contract and bad faith. The carriers’ initial summary judgment motions on the duty to defend (no “advertising injury” alleged) were granted, but reversed by the 10th Circuit and remanded. Dish Network v. Arch Specialty et al., 659 F.3d 1010 (2011). Insurers again moved for summary judgment, this time asserting the “broadcasting or telecasting” business exclusion in the CGL policy. The trial court granted summary judgment, and this time the 10th Circuit Affirmed. Dish Network v. Arrowood, et al., 659 F.3d 856 (Nov. 29, 2014). Kevin Amatuzio of Montgomery | Amatuzio | Dusbabek | Chase LLP represented one of the two primary carriers for Dish, Travelers, and argued the case on behalf of all the insurers in the 10th Circuit Court of Appeals. Rehearing and rehearing en banc were denied. The decision precluded the primary carriers’ liability for over $7 million in ongoing defense costs claimed by Dish Network and negated any potential indemnity obligation in favor of Dish in the underlying infringement suit.

Kevin Amatuzio
Partner
Direct: 303.592.6614
E-mail: kamatuzio@madc-law.com

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