Retailer Settlement Covered by Manufacturer's Policy

CGS Indus., Inc. v. Charter Oak Fire Ins. Co., 777 F. Supp. 2d 454 (E.D.N.Y. 2011)

An exception to the breach of contract exclusion applied based on the retailer and manufacturer's potential "joint and several liability for trade dress infringement pursuant to N.Y. UCC § 2-312(3) requiring Charter Oak to fund the entire settlement under the manufacturer's commercial liability policy even though the vast majority of the profit was realized by the retailer of sales of allegedly infringing products.