Ticketmaster, Llc v. Illinois Union Insurance Compa

MEMORANDUM

Plaintiff-Appellant Ticketmaster, LLC (Ticketmaster) appeals the district court’s judgment on the pleadings in favor of Defendant-Appellee Illinois Union Insurance Company (Illinois Union). We have jurisdiction under 28 U.S.C. § 1291 , and we reverse the district court’s judgment.

Ticketmaster, which sells event tickets online, obtained an Errors and Omissions Liability Insurance Policy (the Policy) from Illinois Union that provided liability coverage arising from the performance or failure to perform its professional services for the period from October 1, 2003 to October 1, 2004. The Policy obligates Illinois Union to defend Ticketmaster against any covered claim. The Policy also contains 28 exclusionary provisions, including Exclusion E, which states that the Policy does not apply to any claim “based on or arising out of ... any dispute involving fees, expenses or costs paid to or charged by the Insured.” On October 21, 2008, certain ticket purchasers filed a putative class action against Ticketmaster in Los Angeles Superior Court (Schlesinger v. Ticketmaster, Case No. BC 304565 (Schlesinger action)). In the Schlesinger action, the class alleged, among other…