is a member of the commercial civil litigation team at Brutzkus Gubner in Los Angeles. Joe’s core practice is representing policyholders when insurance company carriers deny claims. Prior to joining Brutzkus Gubner, Joe worked as part of the nationally-recognized Insurance Recovery practice group in the firm of Anderson Kill. He has worked on virtually all lines of commercial and professional insurance (CGL, D&O, E&O, EPLI, property, crime, etc.), and has personally helped clients collectively recover over $400 million in insurance policy benefits throughout his career. For more information, or to contact Joe, please visit his firm profile page.
There has been a recent trend by insurance companies to change their policy forms and use language that provides substantially less coverage for these kinds of claims. Buyers of insurance might still see that the policies they’re buying have “Advertising Injury” coverage that includes “copyright” claims. Nevertheless, these subtle changes to the actual language in the forms (which few policyholders ever actually read before buying their policy) eliminate most, if not all, of the benefits of the coverage. Careful companies buying insurance and concerned about the risk of copyright infringement lawsuits need to watch out for these two changes that could leave them exposed to costly lawsuits.