Coverage.  The alleged offense must fall within the definition of one of the enumerated offenses of personal injury.  If there is not a basis for declination, a reservation of rights should be considered in most cases.  We provide a step-by-step process for deciding on a declination or reservation of rights.

Liability. Liability determination is based on the whether each element of contended offense can be proved. A close review of the definitions of malicious prosecution, false arrest, wrongful eviction, wrongful entry, invasion of private occupancy, libel and slander, and right-of-privacy violation is helpful in evaluating liability. 

Remedies. Monetary damages for copyright infringement or trademark infringement may be assessed based either on either actual loss of profit and other loss or damages set by law. Courts can also assess treble damages, attorneys fees and costs of suit particularly when there is a showing of willful conduct or counterfeiting.  Injunctive relief is commonly rendered.  A preliminary injunction can be obtained if there is a great likelihood of infringement and a reasonable certainty that the claimant will prevail based on the merits of the case.