Amazon.com v. American Dynasty Insurance
Amazon.Com International, Inc. v. American Dynasty Surplus Lines Insurance Company, 85 P.3d 974, 120 Wash. App. 610, 2004. Amazon could not hold excess coverage carrier liable to defend it in lawsuit when primary carrier covers the injury Amazon is sued for.
Procedure:
- Software manufacturer sued Amazon for patent infringement
- Amazon tendered its defense to its insurer for these types of cases, and insurer refused to cover
- Amazon brought this suit against insurer
Insurer:
- They are the excess coverage provider, this patent infringement is really akin to an advertising injury which is covered under the primary insurer.
Conclusion:
- Court agrees with excess provider, the duty is on the primary insurer to defend
Amazon.com International Inc.v. American Dynasty Surplus Lines Insurance Co.
November 30, 2004: Disposition of petition for review is denied by the Court.
