Netscape Communications Corporation v. Federal Insurance Company
(9th Cir. (Ca.) August 27, 2009)
Claims were made against AOL alleging that it had intercepted and disemminated private online communications. The Ninth Circuit concluded the allegations constituted "violatation of a person's right of privacy" within the meaning of "personal and advertising injury."
The policy did contain an exclusion for "providing internet access to 3rd parties." The Court held that the exclusion had to be construed narrowly, and applied only to the supplying literal connection between the computer and the internet, not the software that allowed the download of personal information at issue. Thus, the exclusion did not apply to the claims against AOL.
For a copy of the decision, click here
By Sarah J. Delaney and Michael T. Glascott
https://www.goldbergsegalla.com/attorneys/Delaney.html
https://www.goldbergsegalla.com/attorneys/MGlascott.html