Insurers Win Series Against Lakers In TCPA D&O Shootout

By Lawrence Bracken II, Michael Levine and Geoffrey Fehling (August 29, 2017, 11:35 AM EDT) -- Last week, the Ninth Circuit affirmed that the Los Angeles Lakers were not entitled to coverage for a fan's class action alleging violations of the Telephone Consumer Protection Act due to a broadly worded invasion of privacy exclusion in the Lakers' director's and officer's insurance policy.[1] In the underlying case, the plaintiff alleged that while attending a Lakers game he sent a text message in response to a prompt on the scoreboard and that the NBA team sent him a response text message without his consent using an automated dialing system in violation of the TCPA. A split Ninth Circuit panel held that "[b]ecause a TCPA claim is inherently an invasion of privacy claim, [the insurer] correctly concluded that [the claimant]'s TCPA claims fell under the Policy's broad exclusionary clause."...

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