On August 29, 2017, my colleagues Lawrence J. Bracken, Michael Levine and Geoffrey Fehling published an article in Law360 that discusses the ninth circuit's recently decided refusal to cover the Los Angeles Lakers from a fan's complaint under the Consumer Protection Act (TCPA). ), based on a broadly formulated invasion of privacy protection in the Lakers D&O insurance policy. A split ninth circuit board held that "since a TCPA application itself is an invasion of confidentiality [the insurer] correctly concluded that [TC459010] s TCPA claim was in accordance with the broad exclusive clause of the policy." The full article is available here.
When faced with potentially problematic TCPA exemptions in many general liability insurance policies, policyholders have increasingly sought coverage for TCPA claims under D&O and other policies. But why did Lakers research and development policy include such a broad invasion of privacy in the first place? And how does the ninth circuit's controlling coverage affect future TCPA processes? The article aims to answer these and other questions.