Yahoo Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA
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The Supreme Court held that the language in the insurance policy at issue in this case provided liability coverage for right-of-seclusion violations litigated under the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. 227, assuming such coverage is consistent with the insured's reasonable expectations.
Privacy injuries involving the right of seclusion are sometimes actionable under the TCPA provided that the violation involves the use of telephonic equipment. The insurance policy in this case provided liability coverage for injuries "arising out of...[o]ral or written publication...of material that violates a person's right of privacy." At issue before the Supreme Court was whether this language provided liability coverage for right-of-seclusion violations brought under the TCPA. The Court held that a commercial general liability insurance policy that provides coverage for "personal injury" defined in part as injury arising out of oral or written publication of material that violates a person's right of privacy can cover liability for violations of the right of seclusion if that coverage is consistent with the insured's reasonable expectations.
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