Articles

Off Limits: Twenty-first Century Privacy Exposures and the Liability Coverage Issues They Create

In an article published in the December 2021 issue of DRI’s For The Defense, Daniel I. Graham, Jr. and Sydney Weathersby discuss some of the coverage issues that evolving technologies and social media can present under a liability policy’s “personal and advertising injury” coverage for oral or written publications of material that violate a person’s right of privacy. Discussing several recent rulings, their article considers how courts have construed the scope of the “personal and advertising injury” coverage’s privacy offense in various technologically-related factual contexts. Additionally, the article identifies certain policy provisions and exclusions that courts have found to limit or preclude coverage for certain privacy claims.
 
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