Los Angeles Lakers, Inc. v. Federal Ins. Co.

Any Telephone Consumer Protection Act claim necessarily involves an invasion of privacy, so such a claim fell within the invasion of privacy exclusion to the insured’s directors & officers insurance policy.  The lead opinion in this splintered decision holds that a Telephone Consumer Protection Act claim necessarily involves an invasion of privacy and so the claim fell within the invasion of privacy exclusion to the insured’s directors & officers insurance policy.  The concurring opinion would not rule on TCPA actions generally, but found that this one in particular alleged an invasion of privacy.  There was also a dissent.

Ninth Circuit Court of Appeals (Smith, N.R., J.; Murphy, J., concurring; Tallman, J., dissenting); August 23, 2017; 2017 WL 3613340

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