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Analysis

Lakers' Loss Gives Insurers Edge In TCPA Coverage Fights

Law360, New York (August 24, 2017, 10:14 PM EDT) -- The Ninth Circuit gave insurers a leg up in privacy coverage disputes when it ruled Wednesday that a common invasion-of-privacy exclusion in the Los Angeles Lakers' directors and officers policy bars coverage for a Telephone Consumer Protection Act suit, given the panel's holding that claims brought under the statute are innately privacy claims.

In a 2-1 decision, the appellate panel upheld a California federal judge's decision in favor of Federal Insurance Co., finding that because a TCPA claim is "inherently an invasion of privacy claim," the lower court properly concluded that Lakers fan David Emanuel’s proposed class action against the NBA...

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