TRAX, LLC v. Cont'l Cas. Co., No. 10-CV-6901, 2012 WL 3777042 (N.D. Ill. Aug. 29, 2012)
After a three-day trial, Gauntlett & Associates obtained judgment against Continental Casualty Company, a CNA company, in the aggregate sum of $2,152,587.60 in principal and prejudgment interest- the entire amount sought - against an insurer that had refused to settle a copyright infringement/trade secrets infringement case against its insureds. Applying Virginia law, which the Court had earlier ruled was applicable and which, the Court asserted, required the insureds to allocate their settlement payment, the Court found the insureds' $1.95 million settlement amount was 100% allocable to the covered copyright claim, with 0% allocable to the non-covered trade secrets claim. The Court also found no portion of the settlement sum was allocable to dismissed insolvent co-defendants, or to the value of a software license recited in the settlement agreement.