News & Analysis as of

Invasion of Privacy Insurance Litigation

Wiley Rein LLP

Insurer Has Duty to Defend BIPA Lawsuit Alleging Violation of Privacy in the Creation of Fingerprint Data

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The Appellate Court of Illinois, First District, applying New York law, has held that an insurer owed a duty to defend an insured in a lawsuit alleging Biometric Information Privacy Act (BIPA) violations because the...more

Rivkin Radler LLP

Insurance Update - September 2023

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We touch upon several topics in our September Insurance Update. We begin with two federal circuit court rulings on late notice – one involving a claims-made policy and the other an occurrence policy. In these cases, the...more

Wiley Rein LLP

Invasion of Privacy Exclusion Bars D&O Coverage for BIPA Suit But EPL Coverage Potentially Applies

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The United States District Court for the Central District of Illinois, applying Illinois law, has held that an invasion of privacy exclusion precluded D&O coverage for underlying suits alleging violations of the Illinois...more

Hinshaw & Culbertson - Insights for Insurers

Fourth Circuit Holds Privacy Exclusion Bars Coverage for Law Firm’s DPPA Claim

The Fourth Circuit recently affirmed a district court ruling that the Privacy exclusion in a series of business liability policies bars coverage for a claim arising out of the insured law firm’s alleged violation of the...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

Haight Brown & Bonesteel LLP

Counsel Investigating Coverage Can be Sued for Invasion of Privacy

In Strawn v. Morris, Polich & Purdy (No. A150562, filed 1/4/19), a California appeals court held that policyholders could state a claim for invasion of privacy against an insurer’s coverage counsel and law firm, where the...more

K&L Gates LLP

OnRisk: Biometric Insurance

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Issues of digital privacy are multi-faceted and extend far beyond the now-routine data breaches that make headlines. The digital collection, use, and storage of biometric information (fingerprints, retinal or iris scans,...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

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

Foley & Lardner LLP

Ninth Circuit Shuts Down Lakers: TCPA Means “Privacy” When It Comes to Insurance Coverage

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As many practitioners who work with the Telephone Consumer Protection Act (TCPA) know, getting insurance providers to cover TCPA cases is a difficult proposition. The Ninth Circuit recently affirmed this notion in Los Angeles...more

Eversheds Sutherland (US) LLP

Got Game? Privacy Exclusion Results in Denial of Coverage in L.A. Lakers TCPA Suit

An insurance policy exclusion for invasion of privacy claims precludes coverage for the L.A. Lakers in a Telephone Consumer Protection Act (TCPA) suit, according to a divided panel ruling by the US Court of Appeals for the...more

Nossaman LLP

The Ninth Circuit Bars Wrongful Act Coverage Against TCPA Claims Despite Strong Dissenting Opinion that Majority Misconstrued the...

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On August 23, 2017, in a split Opinion, the Ninth Circuit issued its ruling in Los Angeles Lakers, Inc. v. Federal Ins. Co., Case No. 15-55777 (9th Cir. Aug. 22, 2017), an insurance coverage dispute related to an underlying...more

Robinson+Cole Data Privacy + Security Insider

Sixth Circuit: Substantial Risk of Harm and Mitigation Costs Sufficient to Confer Standing in Data Breach Case

On October 12, 2016, the U.S. Court of Appeals for the Sixth Circuit denied a petition for an en banc rehearing of its September 12 decision in Galaria, et al. v. Nationwide Mutual Insurance Company (Nos. 15-3386/3387). In...more

Foley & Lardner LLP

D&O Policies: A Possibility for TCPA Coverage?

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Business is booming for plaintiffs’ attorneys wielding the Telephone Consumer Protection Act (TCPA). The TCPA restricts unsolicited telemarketing by fax, voice calls and text messages. Violations can trigger liability of at...more

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