Sollus sent me an email today with details of the first hearing in regards to Tool‘s lawsuit. I’m no legal expert, but it appears they have got off to a good start with a minor victory:
Law360, Los Angeles (December 05, 2014, 7:47 PM ET) — A California judge has refused to find that Clarendon National Insurance Co. doesn’t have a duty to indemnify the rock band Tool in a graphic designer’s suit claiming copyright infringement and defamation, ruling that the insurer failed to show that any of the exclusions in its commercial general liability policy bar coverage.
In a ruling adopted Wednesday, Judge Deirdre Hill denied Clarendon’s motion for summary adjudication, concluding that factual disputes still exist in the insurer’s feud with Tool over coverage for graphic designer Cameron de Leon’s now-settled suit against the band. The judge also declined to rule that Clarendon is entitled to reimbursement for the $450,000 it paid to settle the de Leon action.
Judge Hill agreed with Tool that some of the arguments in Clarendon’s motion have already been rejected by the trial court or a state appellate court.
There’s plenty of water still to go under this bridge, and the trial is set to continue on January 22nd.
A full report of the court case can be found here, however you’ll need to pay for it.