Gauntlett on Intellectual Property/Antitrust Insurance (David A. Gauntlett)

InsureraEUR(TM)s Rescission Action Must Wait Pending Trial Of Underlying Lawsuit

On March 6, 2018, U.S. District Court Judge Michael Fitzgerald issued an order granting the motion of our client to stay an insureraEUR(TM)s declaratory relief and rescission action until the underlying lawsuit between the insured and the claimant is resolved. As reflected in the order, a copy of which is available here, the Court rejected the insureraEUR(TM)s aEURoetoo narrowaEUR? view of governing law, and stayed the coverage action to avoid potential prejudice to the insured that could arise if the insurer was allowed to move forward with its rescission claim, which was based on disputed contentions regarding what the insured knew about the claimantaEUR(TM)s potential aEURoeclick fraudaEUR? claims at the time the insured applied for the policy.

Michael A. Topp of Clyde & Co US LLP appeared for Plaintiff. Eric D. Mason of Gauntlett & Associates appeared for Defendants.

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