Ninth Circuit Narrowly Construes IP Exclusion, Reaffirming Rules of Insurance Policy Construction

October 12, 2020
Scott P. DeVries & Michael L. Huggins - Hunton Insurance Recovery Blog

On August 19, 2020, the Ninth Circuit issued its decision in My Choice Software, LLC v. Travelers Casualty Insurance Co. of America, No. 19-56030, 2020 WL 4814235, holding that longstanding rules of insurance policy construction required reversal of a district court holding denying a duty to defend. Specifically, the Court determined that the Intellectual Property Exclusion in a Travelers policy did not unambiguously preclude the possibility of coverage for a claim against the Insured, My Choice, and that Travelers accordingly had a duty to defend.

Reprinted courtesy of Scott P. DeVries, Hunton Andrews Kurth and Michael L. Huggins, Hunton Andrews Kurth

Mr. DeVries may be contacted at
Mr. Huggins may be contacted at


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