If a company unintentionally uses another company's IP and gets sued, I'm trying to understand which insurance would cover this. I've been told D&O, but the lawsuit would be against the company, not individuals and the use of the IP may not have been a decision made at the top of the command chain. That to me suggests it's E&O that would cover this, as a mistake was made by the company by deciding to use this specific "thing" that's patented by another company.
Maybe this varies from policy to policy, but what's the general rule of thumb here?
Thanks!
Maybe this varies from policy to policy, but what's the general rule of thumb here?
Thanks!