Zurich Insurance Co. v. Killer Music, Inc.
United States Court of Appeals for the Ninth Circuit
998 F.2d 674 (1993)

- Written by Kelli Lanski, JD
Facts
Killer Music, Inc. (defendant) contracted with a musician to sell jingles the musician provided, paying the musician for each jingle sold. After the contract expired, Killer Music compiled and sold a music library including some of the musician’s songs. Killer Music did not pay the musician to use his songs in the library. The musician sued Killer Music for copyright infringement, among other claims. Killer Music was insured by Zurich Insurance Co. (Zurich) (plaintiff), and the policy covered damages relating to advertising injury, which was defined in the policy to include copyright infringement. The policy expressly excluded coverage for advertising injury arising from a breach of contract. Killer Music settled with the musician and asked Zurich for reimbursement for settlement costs and attorney’s fees as an advertising-injury claim under the policy, which included copyright infringement. Zurich responded by filing suit, seeking a declaratory judgment that it had no duty to defend or indemnify Killer Music in the musician’s lawsuit because the musician’s claims arose out of a breach of contract and Killer Music had willfully infringed on the musician’s copyright. Killer Music claimed that any infringement was accidental and submitted an affidavit to that effect. The lower court granted Zurich’s motion for summary judgment.
Rule of Law
Issue
Holding and Reasoning (Beezer, J.)
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