Scott Seaman Discusses Whether There is General Liability Coverage of a Right to Secrecy in Telephone Consumer Protection Act Claims

Scott Seaman—Hinshaw partner and Chicago-based co-chair of Hinshaw's Global Insurance Services Practice Group—discussed with Law360 Insurance Authority a pending California Supreme Court decision that will determine whether state law supports coverage for Telephone Consumer Protection Act (TCPA) claims.

Seaman explains that courts are split on whether general liability policies cover only the right to secrecy or also the right to seclusion, which is typically implicated by TCPA claims. "Many on the insurer side believe the better view and the one that best squares with policy language is the narrower view that the right to privacy involves only the right to keep personal information confidential," he adds.

Seaman noted that the high court's decision to take up the certified question reflects the importance of the scope of the right to privacy, and that the decision could be significant for cases in California and nationwide.

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"General Liability Cases to Watch in the Second Half of 2022" was published by Law360 Insurance Authority on June 27, 2022.