Yahoo Inc. v. Nat. Union Fire Ins. Co. of Pittsburgh, PA

Summary

The court held that a commercial general liability policy covering injuries arising from publication of material violating a person’s right of privacy may cover liability for right-of-seclusion violations, including qualifying unsolicited text-message claims under the TCPA. The policy language is ambiguous because the privacy clause may modify either only the published material or the entire publication phrase, and the ambiguity cannot be resolved by ordinary contract-interpretation rules. Whether coverage and a duty to defend exist depends on the insured’s objectively reasonable expectations and other unresolved policy and factual issues to be addressed in further litigation.