News & Analysis as of

Telephone Consumer Protection Act Insurance Litigation

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Wiley Rein LLP

Illinois Federal Court Holds No Duty to Defend Lawsuit Alleging BIPA Violations

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The United States District Court for the Northern District of Illinois, applying Illinois law, has held that an insurer had no duty to defend an insured against a lawsuit alleging violations of the Illinois Biometric...more

Wiley Rein LLP

Violation-of-Law Exclusion Defeats Duty to Defend BIPA Lawsuit

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The Appellate Court of Illinois, First District, applying Illinois law, has held that two general liability insurers do not owe a duty to defend an insured in a lawsuit alleging Biometric Information Privacy Act (BIPA)...more

Benesch

Society Insurance Stuck Defending Insured In Biometric Privacy Class Action

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Notwithstanding the deluge of data breach and internet eavesdropping privacy cases, companies also continue to face an onslaught of biometric privacy actions under statutes like the Illinois Biometric Information Privacy Act...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeal) - November 14-18, 2022

Dorsey & Whitney LLP on

The California Supreme Court issued the following decision last week: Yahoo, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA, No. S253593. Yahoo!’s insurer, National Union, refused to indemnify Yahoo! in...more

Jenner & Block

Is There a Limit to Insurer Unwillingness to Cover Claims for Unsolicited Marketing Communications? Two Decisions by the Seventh...

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Among the many unusual aspects of 2021 is that the same insurance company was before a federal appellate court on two separate but contemporaneous cases – one in which the insurer was asserting a lack of insurance coverage...more

Jenner & Block

Is There a Limit to Insurer Unwillingness to Cover Claims for Unsolicited Marketing Communications? Two Decisions by the Seventh...

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Among the many unusual aspects of 2021 is that the same insurance company was before a federal appellate court on two separate but contemporaneous cases – one in which the insurer was asserting a lack of insurance coverage...more

Goodwin

Massachusetts Court Holds Notice of TCPA Exclusions Sufficient to Avoid TCPA Violation

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On January 7, 2022, the Massachusetts Appeals Court issued a decision concerning whether two insurance companies provided sufficient and timely notice to its Insured regarding the exclusion of coverage for Telephone Consumer...more

Alston & Bird

Class Action & MDL Roundup – Spring 2021

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Welcome back to the Class Action & MDL Roundup! Our spring edition covers notable class actions from the first quarter of 2021. In this edition, the courts are beginning to split on COVID-19 cases, privacy litigants can’t...more

Hinshaw & Culbertson - Insights for Insurers

Seventh Circuit Affirms "Information Laws" Exclusion Precludes Coverage for TCPA and Related Common Law Claims

The Seventh Circuit has affirmed a ruling by an Illinois federal district court, holding that an "Information Laws" exclusion bars coverage for an insured dental services company's TCPA claim. Mesa Laboratories, Inc. v....more

Carlton Fields

Life Industry Class Action Trends in the First Half of 2020

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The first half of 2020 saw an uptick in the filing of class action lawsuits against life insurance companies. Life insurance companies have continued to be the target of putative class actions in California challenging...more

Morrison & Foerster LLP - Class Dismissed

Class Action Litigation In The Wake Of COVID-19

Class action claims have taken on a new twist in the wake of COVID-19. Already, the global pandemic has generated litigation across a broad swath of areas, including privacy, data security, and consumer, among others. To...more

Alston & Bird

Class Action & MDL Roundup: Summer 2019

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! Our summer edition covers notable class actions from the second quarter of 2019. The Supreme Court granted cert on a pair of ERISA cases that revived one ruling thought...more

White and Williams LLP

Invasion of Privacy Exclusion in a Claims-Made Policy and Looking Ahead to Data Privacy Litigation

This week in Horn v. Liberty Insurance Underwriters, Inc., 2019 U.S. Dist. LEXIS 90194 (S.D. Fla. May 30, 2019), the Florida district court held that an invasion of privacy exclusion under a claims-made policy prohibited...more

Womble Bond Dickinson

Eleventh Circuit Holds TCPA Lawsuit Did Not Fall Within Coverage for “Accidents” Under Insurance Policy

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The Eleventh Circuit recently held that sending a fax in violation of the TCPA is not considered an “accident” in determining whether coverage existed for TCPA claims under a commercial general liability insurance policy. ...more

Carlton Fields

Financial Services & Title Insurance Update: Week Ending March 22, 2019

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Financial Services Update - FDCPA / definition of "debt collector": law firm carrying out a nonjudicial foreclosure action not a debt collector because the primary definition of a "debt collector" under sec. 1692a does not...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 22, 2019

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Real Property Update - Foreclosure / Paragraph 22: bank failed to introduce sufficient evidence to prove default letter was sent to borrower pursuant to paragraph 22 of the mortgage where bank's witness never testified that...more

Farella Braun + Martel LLP

Ninth Circuit Asks the California Supreme Court to Interpret the Scope of Personal Injury Coverage

On January 15, 2019, the Ninth Circuit certified the following question to the California Supreme Court: Does a commercial liability policy that covers “personal injury,” defined as “injury… arising out of… [o]ral or...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 8, 2019

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Real Property Update - Homestead: injunction for municipal violations, which prevented a spouse from returning to the property, did not destroy or "abandon" homestead protections (preventing one spouse from selling the...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 25, 2019

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Real Property Update - Trespass / Temporary Injunction: temporary injunction order premised upon a physical trespass onto property, which did not specify actions that constitute trespass, did not enjoin use of airspace over...more

Pillsbury - Policyholder Pulse blog

9th Circuit Seeks Guidance from California High Court on the Duty to Defend in TCPA Cases

Does the coverage in commercial general liability (CGL) policies for violations of the right to privacy extend to unwanted intrusions, or is it limited to the disclosure of personal information to a third party? On a recent...more

Mintz

TCPA Class Action Update – January 2019

Mintz on

The Carrier with Better Record-Keeping Practices Than the Insured Wins a Significant TCPA Insurance Coverage Dispute - Last week, the Eighth Circuit held that an insurance company was entitled to the presumption that its...more

White and Williams LLP

Eighth Circuit Holds Deposition Testimony Shows Adequate Notice Given for TCPA Exclusion

Yesterday January 3, 2019, the U.S. Court of Appeals for the Eighth Circuit held that an insurer had provided adequate notice of the Distribution of Material exclusion in a renewal policy to make the exclusion enforceable in...more

Carlton Fields

Court Rejects Insurer’s Spokeo-Based Standing Challenge to TCPA Action

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In a February 20 ruling, the Northern District of Illinois cleared the way for a plumbing company’s putative class action against Allstate Insurance Company and an insurance agency co-defendant by denying the defendants’...more

Bradley Arant Boult Cummings LLP

Can You Hear Me Now? Tenth Circuit Rejects Coverage for Telephone Consumer Protection Act Claims

A recent Tenth Circuit decision undercut policyholder arguments that Telephone Consumer Protection Act (TCPA) claims are insurable under a standard CGL policy. Policyholders should take note of this decision but should not...more

Carlton Fields

Ninth Circuit Confirms Privacy Exclusion Bars TCPA Claims

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Claims under the Telephone Consumer Protection Act (TCPA) present numerous issues for insurance companies and policyholders. Because TCPA claims lend themselves to class action suits, the potential exposure can be...more

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