Haynes and Boone, LLP Associate Greg Van Houten was quoted in a Law360 article regarding whether a law firm accused of violating the Driver's Privacy Protection Act by using personal information to market legal services to crash victims is entitled to coverage under an excess policy, as policyholder attorneys anticipate a win for the firm.
Van Houten said he believes Lanier and her firm have a strong argument against the application of the willful violation of a statute exclusion.
The exclusion applies if an insured knows a statute exists and then willfully violates the statute, he said; however, it does not apply if an insured knowingly or willfully does something that happens to violate a statute.
"It's sort of telling here, and I think Lanier has a strong argument, that the statute itself distinguishes between a knowing or willful act that violates the statute … versus a willful disregard of the law," Van Houten said.
To read the full article in Law360, click here.
