Nutrisystem, Inc., et al. v. LM Insurance Corporation, et al., No. 21CV-50728. In this insurance coverage dispute, ACE American Insurance Company argued that a CGL policy issued by LM Insurance Corporation provided primary coverage for a trademark infringement claim and that, subsequent to exhaustion of that CGL policy, ACE’s Digital Technology and Professional Liability Insurance Policy applied on a pro rata basis with a Commercial Umbrella policy issued by Liberty Insurance Corporation. On behalf of the Liberty entities, Elizabeth Bass argued that Liberty’s policies did not afford coverage for the trademark infringement claims, and ACE was solely responsible for defense and indemnity. Chancellor Woodruff agreed with Ms. Bass, concluding the IP exclusion of the Liberty policies barred coverage for the underlying claims and entering judgment in favor of Liberty.
