Yahoo! Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA

ORDER GRANTING NATIONAL UNION’S MOTION TO DISMISS WITH LEAVE TO AMEND

In this insurance breach of contract action, defendant National Union Fire Insurance Company of Pittsburgh, PA (National Union) moves to dismiss plaintiff Yahoo! Inc.’s (Yahoo) complaint. The issue presented is whether the disputed insurance provision prpvides coverage for Yahoo’s alleged violations of privacy. The Court grants dismissal because National Union showed that Yahoo’s construction of the disputed insurance provision did,not provide for coverage. For the reasons set forth below the motion is. GRANTED WITH LEAVE TO AMEND.

*972 I.BACKGROUND

. A. Factual Background

National Union sold Yahoo five consecutive Commercial General Liability (CGL) insurance policies. Dkt. No. 1 at 6. The policies each contain similar language, which provides coverage for personal and advertising injury. Id. at 82-85. The policies contain Endorsement No. 1, which alters coverage as to personal injury. Id. at 84.,The policy contains an endorsement in order to provide-extended coverage for personal and advertising injury. Endorsement No. 1 defines personal injury as “injury, including consequential ‘bodily injury5, arising…