Trademark/Copyright Infringement/Insurance Coverage (8 parties): Plaintiffs/ motion picture studio and owner of underlying rights to literary character claimed a series of television ads for an unrelated product infringed its rights in a major motion picture based upon the character and the art work used in the attendant motion picture advertising campaign. Multiple insurance companies disputed coverage among them, including issues of lapsed policies and primary vs. excess coverage. Pending preliminary injunction hearing. Initial demand: high eight figures.
Property Damage/ Waiver of Subrogation: Plantiff/ production company lessee alleged television set was destroyed due to negligence of Defendant/facility lessor. Defendant denied liability and alleged Plaintiff waived its right of subrogation, preventing Plaintiff’s insurance company to recover the amount of claims paid to Plaintiff. Initial demand: high seven figures.
Bad Faith: Plaintiff production company sued its insurance company for denying coverage. Live, filmed daredevil stunt event was cancelled due to severe injury to star performer, who attempted an unscheduled rehearsal stunt the day before. Insurance company alleged production was only covered for day of the live film shoot and denied coverage for any losses, including lost distribution sales. Initial demand: mid six figures.
Bad Faith: Plaintiff production company sued its insurance company for denying coverage. Production company filed claim for lost film footage shot on location. Insurance company denied coverage for costs due to postponement and completion of the film. Insurer alleged that production company shot new scenes, which were production enhancements not replacement of actual scenes lost. Initial demand: mid- six figures.
Philip Meldman, Esq.