Katherine E. Tammaro

Katherine Tammaro (Partner-New Jersey) defended a major insurer against allegations by an insured of breach of contract and declaratory judgment, obtaining a summary judgment from the District Court for the Southern District of New York. The insured, one of the largest spandex suppliers in the world, contended that the firm’s client had a duty to defend and indemnify under the “personal and advertising injury” section of its commercial general liability policy for the claims and allegations made in the underlying case. The insurer denied coverage because the Intellectual Property Exclusion in the policies precluded coverage for allegations of copyright infringement that did not qualify as “personal and advertising injury” and for all allegations in the suit that alleged such excluded allegations. Katherine cross-moved for summary judgment and the court denied the plaintiff’s motion and granted Katherine’s motion, finding no coverage and no duty to defend or indemnify.