Case Study: Penzer V. Transportation Insurance

Law360, New York (March 5, 2010, 12:50 PM EST) -- The Florida Supreme Court recently held that a commercial general liability insurance policy that provides coverage for an “advertising injury” covers a violation of the Telephone Consumer Protection Act (“TCPA”). Penzer v. Transp. Ins. Co., No. SC08-2068, 2010 WL 308043 (Fla. Jan. 28, 2010).

The definition of “advertising injury” in the CGL policy at issue provided coverage for an “injury arising out of” the “[o]ral or written publication of material that violates a person’s right of privacy.” Id. at *4. The policy at issue had no...
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