Playboy Enterprises v. Indian Harbor Insurance CA2/1

FACTS AND PROCEEDINGS BELOW

A. Indian Harbor Insurance Policy Indian Harbor issued a claims-made-and-reported “professional liability insurance policy” (capitalization omitted) to Playboy with a policy period of November 30, 2016 to July 1, 2018 (the policy). Subject to other terms and conditions, the policy obligates Indian Harbor to pay, inter alia, “expenses and damages that [Playboy] is legally obligated to pay because of liability imposed by law or assumed under a written, oral, implied or express contract as the result of a claim first made against [Playboy] during the policy period” (italics added) alleging “a technology and professional services wrongful act committed by [Playboy].” (Boldface omitted & italics added.) Thus, a threshold requirement under the policy is that the payments for which

2 Playboy seeks coverage have been made as a result of a claim first made sometime between November 30, 2016 to July 1, 2018. The policy exclusively defines “claim” as any of the following: (1) “A written demand for monetary damages, services, or injunctive or other non-monetary relief ”; (2) “a civil proceeding for monetary damages, services, or injunctive or other…