Opinion
S253593
04-10-2019
YAHOO! INC. v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA
Order filed
On March 27, 2019, this court granted the request, made pursuant to California Rules of Court, rule 8.548, that the court decide a question of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. Pursuant to rule 8.548(f)(5), the court restates the issue as follows:
Does a commercial general liability insurance policy that provides coverage for personal injury, defined as injury arising out of oral 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 of 1991 (47 U.S.C. § 227) by sending unsolicited text message advertisements that did not reveal any private information?
Petitioner Yahoo! Inc. is directed to serve and file its opening brief on the merits within 30 days after the filing of this order, and briefing shall otherwise proceed in accordance with California Rules of Court, rule 8.520.