Does D&O Cover Intellectual Property?

D&O usually does not insure the company’s own intellectual-property infringement liability; a separate management allegation may be treated differently.

An IP owner’s claim over patent, copyright, or trade-secret use is different from an allegation that leaders mishandled an IP-related decision. Review the complaint and policy exclusions.

If the company is accused of infringing a patent, copyright, trademark, or trade secret, D&O is not a general IP-defense policy; the Travelers specimen includes an intellectual-property exclusion. A distinct allegation that leaders misrepresented an asset or mishandled a decision could raise a management claim, but the same policy may exclude the underlying IP loss. Side A/B/C grants identify who is protected, not which IP causes of action are covered. Read the specific IP and professional-services exclusions, the wrongful-act definition, and allocation language. Compare those terms with any separate E&O, media, or IP policy before assuming one line responds.

Updated . Check your quote and policy wording to see how this answer applies to your coverage. See the editorial policy or contact Spot with a correction and supporting source.

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