What is insured?
Infringement Liability
- Defence costs and/or damages for intellectual property actions brought against you
- The defence costs may include experts’ fees
- Extensions of cover include defence costs incurred for directors’ infringement where they are brought into an action, obligation to contracting parties and product infringement recall costs
Infringement Assertion
- Assertion costs for intellectual property actions brought by you.
- Assertion costs may include experts fees
- Extensions of cover include contractual disputes
Limits of indemnity
- Limits of indemnity (any one claim and in the aggregate) EUR 1,000,000
- Infringement Assertion: 50% of the chosen limit of indemnity
What is not insured?
- Costs incurred without insurers’ consent;
- Any co-insurance amount and the amount of excess or deductible you are responsible for and shown in the Schedule;
- Any claim not involving the business activity declared and shown in the Schedule;
- Any criminal proceedings;
- Any claim falling outside of the Territory shown below (see Where am I covered) and in the Schedule;
- Civil claims relating to injury, disease or death;
- Any payroll related costs, including witness attendance costs that are incurred by any person representing you as an employee or internal staff;
- Circumstances which you knew or should have known or occurred prior to inception of the policy;
- Any taxes, fines or penalties, consequential damages, punitive or exemplary damages or any other non-compensatory damages;
- Costs incurred in procuring, prosecuting, maintaining, monitoring or collating your intellectual property;
- Damages for wilful infringement and any future or on-going royalties;
- Any claim relating to domain names where you fail to seek resolution through ICANN;
- Any costs awarded against you as a result of you behaving unreasonably and unacceptably;
- Any costs of a counterclaim unless it is as defined in the policy document.
