Monthly Archives: April 2014

Coverage B: A Person Is Not a Company


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Here’s an interesting question:  does “oral or written publication of material that violates a person’s right of privacy” include privacy rights of a corporation?  (And, yes, some courts believe that business have rights of privacy, including the right of seclusion.  E.g., Park Univ. Enters., Inc. v. Am. Cas. Co. of Reading, Pa., 442 F.3d 1239, 1247 (10th Cir. 2006); Owners Ins. Co. v. European Auto Works, Inc., 2011 WL 3847469, at *3 (D. Minn. Aug. 30, 2011).)

This is not a mere “if a tree falls in the woods…” type of question, for the answer can have a significant impact on litigation as rights of privacy claims become more boilerplate, whether in the context of cyber liability, claims of unlawful collection of PII, or media/mass marketing lawsuits.  This week, in Sportsfield Specialties, Inc. v. Twin City Fire Ins. Co., — N.Y.S.2d –, 2014 WL 1491514 (N.Y.A.D., 3d Dep’t Apr. 17, 2014), the New York Appellate Division addressed the issue as a matter of first impression, holding that “oral or written publication of material that violates a person’s right of privacy” in a general liability policy does not include a corporation’s right of privacy.  The court reasoned its decision on the wording of the definition for “personal and advertising injury.” Read More

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