7th Circuit: ‘Publication’ Requires Communication To Third Party; No Coverage Owed
Mealey's (October 6, 2015, 1:18 PM EDT) -- CHICAGO — The Seventh Circuit U.S. Court of Appeals on Sept. 29 held that there is no coverage for an underlying lawsuit alleging that a security company insured violated California’s invasion of privacy laws, rejecting the insured’s argument that “publication” includes the recording and storage of information when that information is not also communicated to a third party (Defender Security Co. v. First Mercury Insurance Co., No. 14-1805, 7th Cir.; 2015 U.S. App. LEXIS 17116).