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This case requires us to construe an exclusion barring coverage for "any claim arising out of any misappropriation of trade secret" in a professional liability policy

This case requires us to construe an exclusion barring coverage for "any claim arising out of any misappropriation of trade secret" in a professional liability policy issued by the defendant, National Union Fire Insurance Company of Pittsburgh, Pennsylvania (National Union), to the plaintiff, Uniscribe Professional Services, Inc. (Uniscribe). After settling a claim with a client from whom sensitive documents were taken while in Uniscribe's care, Uniscribe commenced an action seeking a declaratory judgment that National Union had a duty to defend and indemnify Uniscribe for the settlement. National Union moved for judgment on the pleadings, see Mass. R. Civ. P. 12(c), 365 Mass. 754 (1974), arguing that its policy excluded claims arising out of the misappropriation of trade secrets (intellectual property exclusion), wrongful acts committed with the knowledge that it was a wrongful act (knowing wrongful acts exclusion) and criminal acts (criminal acts exclusion). Uniscribe opposed National Union's motion and moved for partial summary judgment

Full post as published by The Trade Secrets Vault on December 26, 2008 (boomark / email).