Complaint (Declaratory Judgment Action)

[Caption]

Plaintiff __________ [Name], by its attorneys, __________ [Name], for its Complaint against __________ [Name], alleges as follows:

PARTIES

1. Plaintiff __________ [Name] is a corporation organized and existing under the laws of the State of __________, with its principal place of business in __________ [State]. Plaintiff is authorized to do business in New York.

2. Upon information and belief, Defendant is a corporation organized and existing under the laws of the State of __________. Defendant publishes and distributes its products nationwide, including in New York. Defendant thus transacts business within New York and contracts to supply goods in New York.

3. On or about __________ [Date], Plaintiff issued a business comprehensive insurance policy to Defendant and other named insureds, bearing policy number __________ (the First Policy, attached as Exhibit __). The Policy afforded general liability insurance in the amount of $__________ per occurrence and a $__________ annual aggregate. It was in effect until __________ [Date], when coverage was provided under policy number __________ (Exhibit __), covering the period __________ [Date] through __________ [Date], with reduced policy limits of $__________ per occurrence and $__________ aggregate (the Second Policy). The policy again was renewed, under policy number __________, for the period __________ [Date] through __________ [Date] (Exhibit __) (collectively, the three policies shall be referred to as the "Policies").

4. The Policies provide Defendant with bodily injury, property damage, personal injury and advertising injury coverage, subject to specified conditions and definitions.

5. Defendant's officers are defined as "insureds" under the Policies, but only with respect to their duties as officers or directors.

6. The Policies provide that Plaintiff will provide coverage for "bodily injury" and "property damage" caused by an "occurrence." The Policies define "occurrence" as "an accident, including continuous or repeated exposure to substantially the same general harmful conditions."

7. The Policies exclude coverage for any bodily injury or property damage "expected or intended from the standpoint of the insured."

8. In pertinent part, the Policies define "personal injury" as "injury, other than bodily injury, arising out of one or more of the following offenses: . . . d) Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services. . ."

9. In pertinent part, the Policies define "advertising injury" as "injury arising out of one or more of the following offenses: (a) Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or...