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Although things would’ve died down eventually, Viacom’s lawsuit against AXIS brought new life in to the situation as reports of the communications giant discovered an opportunity to settle the case “for an amount that, even after deducting from the $5 million policy limit the extensive defense costs incurred during more than three years of litigation, was within the $5 million policy limit of the Insurance Policy.”

The realization came after mediation June 29

Verizon’s complaint stated that AXIS believes it owes up to $3 million. The “occurrence” surrounding Williams’ dead body, the insurer argues, is that the broadcast of the body is a single occurrence. Viacom counters, saying, “the Decedent’s Family alleged numerous separate acts, and thus numerous ‘Occurrences,’ that caused distinct losses.”

While the insurance policy has a $5 million limit, it also had a limitation of $3 million for “Each Loss.” In the policy, this is defined “all Damages and Claim Expense arising out of an Occurrence.”

As it stands now, Viacom is seeking between $3 million to $5 million as well as punitive damages in its lawsuit from AXIS, lest it “be forced to pay from [its] own pockets the costs of defense and settlement.”

(Photo: PR Photos)

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