California Supreme Court Watch

Apr 22, 2019
#19-33 Yahoo! Inc. v. National Union Fire Ins. Co., S253593. (9th Cir. No. 17-16452; 913 F.3d 923; Northern District of California No. 5:17-cv-00447-NC)

#19-33 Yahoo! Inc. v. National Union Fire Ins. Co., S253593. (9th Cir. No. 17-16452; 913 F.3d 923; Northern District of California No. 5:17-cv-00447-NC) Request under California Rules of Court rule 8.548, that this court decide a question of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. This case concerns an insurer’s duty under state law to defend its insured against a claim that the insured violated the federal Telephone Consumer Protection Act. The court restated the question in this case as follows: “Does a commercial general liability insurance policy that provides coverage for ‘personal injury,’ defined as ‘injury . . . arising out of . . . [o]ral or written publication, in any manner, of material that violates a person’s right of privacy,’ and that has been modified by endorsement with regard to advertising injuries, trigger the insurer’s duty to defend the insured against a claim that the insured violated the Telephone Consumer Protection Act by sending unsolicited text message advertisements that did not reveal any private information?”

Request for certification granted: 3/27/2019

See the Ninth Circuit Court of Appeals order.