Does IP Insurance Cover Copyright Infringement?

The NAIC names copyright infringement as an example of an IP insurance claim. A particular contract can still limit the work, products, territories, and type of claim insured. Some specialist products distinguish defending an allegation that you copied protected work from enforcing your own copyright against another party. Software, online content, licensed materials, and customer-created contributions may receive different treatment under the wording.

Inventory the works and licenses at issue and ask whether the grant applies to defense, enforcement, or both. Review exclusions for knowing conduct, contractual liability, prior disputes, and work made for clients. Confirm whether attorney fees, expert costs, settlements, judgments, or enforcement expenses are covered and how limits and retention apply. Ask if legal costs reduce the limit available for damages. For an important software or content asset, request the applicable policy form and schedule instead of relying on a general product summary.