In Yahoo Inc. v. Nat'l Union Fire Ins. Co., No. S253593, 2022 Cal. LEXIS 6887, at *2-3 (Nov. 17, 2022), the California Supreme Court, on certification of the issue from the Court of Appeals for the 9th Circuit, found that TCPA claims were covered under Yahoo!'s manuscript CGL policies. The Court summarized: Privacy injuries that involve the right of seclusion… Read More
In Perez v. Indian Harbor Ins. Co., No. 4:19-cv-07288-YGR, 2021 U.S. Dist. LEXIS 118267, at *2-4 (N.D. Cal. June 24, 2021), Judge Gonzalez Rogers said that Duguid was not much help to an insurance carrier fighting a final TCPA judgment entered against its insured. In this action, Ignacio Perez is now seeking to recover monies against Indian Harbor. (See Dkt. No. 1 at… Read More
In Horn v. Liberty Ins. Underwriters, Inc., No. 19-12525, 2021 U.S. App. LEXIS 16279, at *1-3 (11th Cir. June 1, 2021), the Court of Appeals affirmed summary judgment for an insurance carrier regarding a dispute over coverage for a TCPA action. This appeal requires us to interpret an insurance agreement between iCan Benefit Group, LLC, a Florida company, and its… Read More
In Mesa Labs. v. Fed. Ins. Co., No. 20-1983, 2021 U.S. App. LEXIS 11365, at *1 (7th Cir. Apr. 20, 2021), the Court of Appeals for the Seventh Circuit found no insurance coverage for TCPA blast-fax claims. The Court of Appeals framed the question as follows: The question in this case is straightforward: When an insurance policy provides that the… Read More
In Ace American Insurance Company v. Dish Network, LLC, 2018 WL 988404, at *4–7 (C.A.10 (Colo.), 2018), the Court of Appeals for the Tenth Circuit held that the TCPA"s statutory damages were uninsurable penalties, so DISH Network was not owed either a duty to defend or to indemnify DISH Network in litigation filed by the federal government and various states… Read More
In Standard Mut. Ins. Co. v. Lay, --- N.E.2d ----, 2013 IL 114617, 2013 WL 2253203 (Ill. 2013), the Illinois Supreme Court held that the $500 penalty available under the TCPA was not punitive and, accordingly, was not precluded from insurability. Also, Congress intended the $500 liquidated damages available under the TCPA to be, at least in part, an incentive… Read More
In Owners Ins. Co. v. European Auto Works, Inc., --- F.3d ----, 2012 WL 4052406 (8th Cir. 2012), the Court of Appeals for the Eighth Circuit found insurance coverage for a TCPA unsolicited fax case under the insured’s standard form CGL policy. Owners Insurance Company and Auto–Owners Insurance Company brought this declaratory judgment action seeking a ruling that their insurance… Read More
