Jordache sued National Casualty, and the matter came to hearing before Retired U.S. Magistrate Judge Kathleen A. Roberts. Conkle, Kremer & Engel established that the patent infringement claims were potentially covered by Jordache’s CGL policy, which meant that National Casualty was under a duty to defend Jordache. National Casualty breached its duty to defend Jordache, and was held liable for the resulting damage, in the total amount of $1,580,000.
The decision has particular significance because several courts have suggested that patent infringement claims are not generally within the potential coverage of CGL policies. Conkle, Kremer & Engel proved otherwise — some patent infringement claims may be covered by CGL insurance policies, and the insurers must pay for the defense of such claims.