Patent Suit Defense Required Given Underwriter Misrepresentation

(Expert) Behring Sales Inc. v. Travelers Ind. Co., Ill. No. C1-0100025 CT Con. Pl., Lancaster County, Penn. 2004 (Pennsylvania law). The court found that a case settled after expert testimony that clarified an insurance underwriters admission that a patent infringement case would fall within coverage under a 1981 ISO which then led the insurer to not procure substitute intellectual property defense coverage in reliance thereon following its belief that a customer might make a claim against it for infringement triggered a right to a defense and reimbursement for the carrier when the customer subsequently sued for patent infringement.