Ellis George partners Eric George, Peter Ross, and Charles Avrith scored a victory in the Ninth Circuit Court of Appeals for our client Brighton Collectibles against Lloyd’s of London. The Ninth Circuit overruled district Judge John F. Walter’s grant of summary judgment against Brighton.
The Ninth Circuit held that Lloyd’s had a duty to defend Brighton in a consumer class action, arising from the alleged “publication” of private consumer information in violation of the Song-Beverly Act. The Ninth Circuit agreed with Ellis George’s position that Lloyd’s could not rely on an exclusion from coverage for “publishing” activities which, if read broadly, would have rendered the coverage illusory. Pete Ross argued the appeal for Brighton.