Last month, we reported on the California Supreme Court’s decision in Yahoo, Inc. v. National Union Ins. Co. of Pittsburgh, PA involving coverage for claims under the Telephone Consumer Protection Act of 1991 (“TCPA”). The Court concluded: “A CGL insurance policy that provides coverage for “personal injury,” defined, in part, as “injury . . . arising out of . . . [o]ral or written publication, in any manner, of material that violates a person’s right of privacy,” can cover liability for violations of the right of seclusion if such coverage is consistent with the insured’s objectively reasonable expectations.
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A Reminder: He Who Hesitates May Be Lost
The Ninth Circuit Court of Appeals held in an unpublished decision in Chevron Env’t. Mgmt. Co. v. Env’t. Prot. Corp. (Chevron Env’t. Mgmt. Co.), No. 20-16206, 2022 WL 10966098 (9th Cir. Oct. 19, 2022) that an insurer’s attempt to intervene in an underlying action against its insured was untimely as the insurer received notice of its insured’s suspended status five months before plaintiff obtained an $18 million default judgment against the insured.
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