Scott Seaman Discusses Closely Watched Privacy Coverage Case Currently Before the California Supreme Court
Scott Seaman—Hinshaw partner and Chicago-based co-chair of Hinshaw's Global Insurance Services Practice Group—discussed with Bloomberg Law a pending California Supreme Court case that must determine if an insurer is responsible for providing coverage for multiple Telephone Consumer Protection Act (TCPA) claims against Yahoo! Inc.
Seaman said that California appellate courts are split on whether general liability policies cover only suits over the right to keep information confidential (the right to secrecy), or whether they also cover the right to be free from unwanted intrusions (the right to seclusion). "Telephone Consumer Protection Act claims typically only implicate the right to seclusion," he added.
Seaman noted the significance of the case stating, “All eyes will be on the California Supreme Court decision. It will be significant for TCPA cases applying California law and may be of interest beyond California and TCPA cases.”