FISCHER RISK MANAGEMENT / COVERAGE

Intellectual property insurance. Know what you need to defend or enforce.

Your product, software, or brand may depend on intellectual property. Defense and enforcement serve different purposes, so start with the rights and activities you need to discuss.

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What is intellectual property insurance?

Intellectual property insurance is specialist coverage for specified infringement defense or enforcement exposures. These are different purposes. Identify the patents, trademarks, copyrights, products, or activities involved and compare the actual policy scope.

Defending a claim and enforcing your rights are different needs.

IP defense insurance is intended to address specified costs of responding to allegations that your business infringes another party’s rights. Enforcement, sometimes called abatement, is intended to address specified costs of pursuing infringement of your own insured rights. Neither label establishes that every right, dispute, jurisdiction, or cost is covered.

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Consumer brands & e-commerce

Apparel & lifestyle

Beauty & personal care

Medical device businesses

Technology & SaaS

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Does general liability or technology E&O already cover IP?

Do not assume broad IP protection from a standard business policy. General liability may address certain advertising injury offenses, while other policies may contain limited grants or exclusions for particular allegations. Review the actual wording before relying on it for patent, copyright, trademark, or trade-secret disputes. Specialist coverage deserves a separate conversation.

Build the review around your products and rights

Describe your products, software, branding, geographic markets, and licensing arrangements. Explain who owns relevant rights and whether third-party components or licensed technology are involved. Bring a current overview of registered and pending rights where available. Insurance does not establish ownership or replace advice from your intellectual property counsel.

What questions help compare specialist terms?

Ask which rights and activities are insured, where claims may be brought, and what costs can be considered. Review deductibles, limits, defense control, consent requirements, exclusions, waiting periods, and any merits or underwriting conditions. Availability depends on the business, policy form, and specialist market; a discussion does not guarantee a quote or placement.

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Can we insure a dispute we already know about?

Do not treat a new policy as a solution for an existing allegation or dispute. Disclose known demands, notices, litigation, and relevant circumstances during underwriting. The insurer’s response and policy wording determine what can be offered. Ask counsel about urgent response deadlines independently of an insurance inquiry.

How should we begin?

Share your website, the products or services involved, your markets, timing, and whether you are exploring defense or enforcement protection. Cory can discuss the specialist review and information needed to explore options. Do not submit confidential inventions, legal advice, or detailed litigation documents through the public website form.

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Which rights or infringement concerns need a closer look?

Start with your products, brands, or technology and whether your question concerns defense or enforcement. Cory will follow up to discuss the business and the information needed for the next step.

Request an insurance review with Cory or call 845-721-0744.

Preparing for the conversation? Download the business insurance review checklist (PDF). No signup required.

Practical reading before your next decision

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Submitting an inquiry does not bind, amend, or cancel coverage. Coverage availability and terms depend on underwriting and the policy issued.

Further reading: Coverage background.