Retailer Says Insurers Had Broad Duty To Defend In Computer Spyware Suits

Mealey's (November 17, 2016, 3:16 PM EST) -- SAN FRANCISCO — In a Nov. 15 reply brief in the Ninth Circuit U.S. Court of Appeals, a rent-to-own (RTO) retailer argues that its insurance providers had a broad duty to defend it in underlying lawsuits over its installation of spyware on customers’ computers, contending that a trial court erred in construing a recording and distribution policy exclusion in favor of the insurers and against coverage (American Economy Insurance Co., et al. v. Aspen Way Enterprises Inc., et al., No. 16-35059, 9th Cir.)....