Morison and Prough, LLP
Innovative. Agile. Efficient
Insurance Coverage/Bad Faith Litigation
- Intellectual Property and Advertising Injury
- Professional Liability
- Contribution, Subrogation and Recovery
- Directors and Officers
M&P attorneys are among the nation's most experienced and well-respected advertising injury coverage experts. We have represented insurance carriers in complex intellectual property coverage disputes in trial and appellate courts across America, regularly arguing matters of "first impression" before those courts. We participated in many of the early appellate cases denying coverage for patent infringement, and we represented the insurer in the first appellate decision nationally to hold that there is no coverage.
for trademark and trade dress infringement under a standard form CGL policy. We have litigated and consulted regarding coverage for various types of intellectual property and commercial disputes under the advertising injury provisions, including claims regarding patent, trademark, and copyright infringement, trade secret misappropriation, unfair competition, commercial disparagement, invasion of privacy, and many other related claims. M&P attorneys have published articles in national publications concerning the emergence and development of advertising injury coverage issues and have spoken at several national seminars relating to intellectual property coverage issues.
Along with this extensive coverage experience, M&P attorneys have also litigated on the merits each of the intellectual property offenses typically at issue in an advertising injury claim -- including extensive experience in litigating patent, copyright and trademark infringement, trade secret, and various unfair competition disputes. This intellectual property experience and knowledge complements M&P's insurance expertise in addressing difficult and complex advertising injury coverage issues.
M&P has represented clients in substantial and complex insurance disputes relating to a broad range of professional liability (including errors and omissions or "E&O") claims, including professional services coverage for architects, builders and construction managers, legal
malpractice, fiduciary liability (including ERISA) claims, broker liability and attorney malpractice. M&P recently represented a client with regard to professional liability coverage claims in an eight-figure case relating to the design and construction of a major mining facility in Chile; and recently won (and defended on appeal) another federal court action relating to alleged coverage for an eight-figure settlement
of ERISA claims under a fiduciary liability policy. M&P also currently represents a client in major litigation relating to a Not For Profit Healthcare Organization and Executive Liability Coverage.
M&P attorneys represent their insurer clients with a practiced eye toward achieving the lowest net payout on covered claims. That focus includes pursuing all reasonable avenues of recovery against other potentially responsible parties. Such claims can arise in many settings including losses stemming from construction failures, fires, explosions, equipment failures, environmental contamination and forces of nature such as earthquake, flood and hurricane.
M&P represents insurers in connection with claims under Directors and Officers policies, most commonly claims for securities fraud. Such claims often run into tens and even hundreds of millions of dollars.