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Fla. Court Says Insurance Covers Nextel Junk Faxes

Law360 (January 29, 2010, 2:48 PM EST) -- A Florida court has found that liability for illegal faxing of unsolicited advertisements is generally covered by commercial insurance policies, potentially entitling a group of Nextel South Corp. junk fax recipients to insurance benefits from CNA affiliate Transportation Insurance Co.

The Supreme Court of Florida issued a ruling on Thursday answering a question concerning the junk fax coverage that was certified by the U.S. Court of Appeals for the Eleventh Circuit in an lawsuit over benefits available to plaintiffs in the Nextel case.

The court ruled that, under a plain language reading of the policy, general provisions concerning so-called advertising injury...

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