yahooThe California Supreme Court is being asked to weigh in on a tricky insurance coverage question in a case where Yahoo Inc. has been accused of sending unsolicited text messages in violation of the Telephone Consumer Protection Act.

At the heart of the issue is when insurers have a duty to defend TCPA claims under a commercial liability policy covering a “personal injury” when that term is defined by contract to include violations of privacy rights.

Yahoo and its lawyers at Kilpatrick Townsend & Stockton sued National Union Fire Insurance Co. of Pittsburgh, Pennsylvania, in 2017 claiming that the insurer has a duty to defend the company from TCPA claims under the terms of five consecutive one-year policies it purchased for commercial general liability insurance.


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