David Simantob (Partner-Los Angeles) and Katherine Tammaro (Partner-New Jersey) were part of the team that appeared before the Second Circuit on behalf of a major insurer in an intellectual property suit exclusion. In contention was Kate’s win before the district court on the scope of the exception. The Court rejected the insured’s argument that placement of commas around the phrase “in your ‘advertisement’ or on ‘your website’” rendered that phrase a nonrestrictive clause, thereby generating several reasonable interpretations of the policy language. In additional to finding the exclusion and the exception to be unambiguous, the Court rejected the insured’s argument that the potential for amendment of an underlying complaint created a duty to defend, held that there was adequate notice of the exclusion in the policy, and found that the exclusion did not render coverage under the policy illusory. This is the first appellate decision in the country to address this exception, and Wilson Elser’s second win on this exclusion before the Second Circuit this year.