Extract to table

The MESLSA provides that disputes arising under or in connection with the agreement shall be resolved through binding arbitration under the rules of the Midwest Arbitration Institute ("MAI"), seated in Detroit, Michigan

The coverage analysis must carefully parse which components of VMS's exposure are potentially covered and which fall outside the policy's scope

Under a claims-made and reported form, both the making of the claim and the reporting of the claim must occur within the policy period (or any applicable extended reporting period)

VMS should argue that the insuring language, particularly the reference to "third-party IP disputes related to embedded software," is broad enough to encompass the MeridianCode dispute and that any ambiguity must be resolved in VMS's favor

Arguments Against Coverage Commonwealth will likely advance several arguments against coverage, and we must candidly assess their strength: Contractual Origin of the Dispute

The duty to defend is determined by comparing the allegations against the policy language, and any doubt as to whether the allegations fall within coverage must be resolved in favor of the insured