In today’s digital world, courts are faced with mounting litigation surrounding privacy issues, including “unauthorized surveillance” claims that involve the unlawful recording of wire, oral or electronic communications. On top of the federal Electronic Communications Privacy Act, 49 states have statutes (criminal, civil or both) that prohibit the interception of these private communications.
In turn, liability insurers have seen increasing privacy breach claims. Commercial general liability (CGL) policies typically cover damages arising from bodily injury and property damage (Coverage A) and from personal and advertising injury (Coverage B). Most standard coverage forms define “personal and advertising injury” to include “oral or written publication, in any manner, of material that violates a person’s right of privacy.” See J. Stephen Berry, J. Randolph Evans, “Georgia Property and Liability Insurance Law” § 4:20 (2015).
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