TCPA Insurance Coverage: A Glimmer of Hope?

In 2017, National Union Fire Insurance Co. of Pittsburg, Pa. successfully obtained dismiss of an insurance denial suit by Yahoo! brought in the U.S. District Court for the Northern District of California. In the suit (Case No. 5:17-cv-00447), Yahoo! alleged that National Union had wrongfully refused to defend five underlying Telephone Consumer Protection Act (TCPA) suits against Yahoo!. The policy at issue had a provision regarding publication of material violating privacy rights that Yahoo! sought to travel under given the underlying suits related to unsolicited text messages to its customers (primarily email users). The trial court, though, sided with National Union saying that no complaint alleged publication or disclosure of customer information. Yahoo! appealed, and in January of this year a  panel of the Ninth Circuit Court of Appeals asked the California Supreme Court to determine if California law would find that coverage exists after determining for itself that…

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