Larry Golub Reacts to Ninth Circuit TCPA/D&O Insurance Coverage Decision
In The News | 1 min read
Aug 28, 2017
Larry Golub commented in a Law360 article on the decision by a Ninth Circuit panel finding that a common invasion-of-privacy exclusion in a D&O policy barred coverage for a Telephone Consumer Protection Act (TCPA) suit. In Los Angeles Lakers Inc. v. Federal Insurance Co., the basketball team had accused its insurer of refusing in bad faith to defend or indemnify the Lakers in a TCPA lawsuit under its D&O policy. A Ninth Circuit panel found that the policy's invasion-of-privacy exclusion precluded coverage because a TCPA violation allegation is necessarily a claim for invasion of privacy.
Golub said the court's decision was a "relatively straightforward coverage determination" in a case involving a broad 'arising out of' policy exclusion and a complaint alleging invasion of privacy. "It's hard to avoid the fact that the focus of the TCPA is invasion of privacy," noted Golub.
Read the full Law360 article (subscription required)
Read the court's opinion (PDF)
"Lakers' Loss Gives Insurers Edge in TCPA Coverage Fights" was published by Law360, August 24, 2017.
Featured Insights

In The News
Jul 16, 2026
Jennifer Driscoll Anticipates Epic Battle Between “Titans of the Antitrust Bar”

Press Release
Jul 15, 2026
Two Hinshaw Partners Recognized in Minnesota Monthly's 2026 Top Lawyers in Minnesota

Event
July 13-15, 2026
Hinshaw Proudly Sponsors 2026 Lavender Law Conference and Career Fair

Webinar
Jul 14, 2026
Scott Seaman Presents on Horizontal vs. Vertical Exhaustion of Insurance

Healthcare Alert
Jul 8, 2026
A New Era of Compliance Standards for California DSOs and MSOs After the Aspen Dental Settlement

Insights for Insurers Alert
Jul 7, 2026
What Insurers Need to Know About California’s FAIR Plan Assessment Recoupment Guidance

In The News
Jul 6, 2026
Francesco Palanda’s Practical Guide for Mitigating AI-Related Business Interruption Risk

Lawyers' Lawyer Newsletter
Jun 29, 2026
Beyond Malpractice: The Rising Threat of Privacy and Statutory Claims Against Lawyers



