In a recent cryptic coverage decision, a New York state
intermediate appellate court reversed an order denying summary
judgment to a media policyholder and held that the insurance
companies were obligated to provide insurance coverage for
underlying copyright infringement actions. Although cryptic, the
decision addresses exclusions and their applicability to media
insurance policies.
In McGraw-Hill Education, Inc. v.
Illinois National Insurance Co., No. 655708/16 (N.Y. App.
Div. 1st Dep’t Dec. 17, 2019), a media company was sued for
copyright infringement in underlying actions. The media company had
purchased a series of claims-made multimedia insurance policies,
which covered a wide variety of potential liability, including
copyright infringement. The policy, as most do, had several
exclusions. The parties disputed coverage for the underlying
actions and cross-moved for summary judgment. The motion court
denied both motions, holding that there were issues of
