Extrinsic Evidence Ignored by District Court

The district court in Travelers Prop. Cas. Co. of Am. v. KFx Med. Corp., No. C 13-00710 JSW, 2013 WL 3577044 (N.D. Cal. July 12, 2013), refusing to consider extrinsic evidence in direct contravention of settled rules of California policy construction, determined that the declaratory relief claims for invalidity, non-infringement, and unenforceability, did not assert facts sufficient to evidence potential coverage within the policies, "disparagement" or "abuse of process" offenses.

Knowing violation of the court did not reach and thus presumed the inapplicability of asserted exclusions for "knowing violation of ‘personal and advertising injury,'" as well as the policy's various intellectual property exclusions. This order is presently on appeal to the Ninth Circuit.