Insurer Off The Hook In Junk Fax Coverage Spat

Law360, New York (August 25, 2010, 4:34 PM EDT) -- A Pennsylvania state appeals court has rejected a challenge to a ruling that an advertising damages provision in policies issued by The Brethren Mutual Insurance Co. did not require the insurer to defend Paradise Distributing Inc. with respect to a class action brought against Paradise for sending a slew of unsolicited faxes.

The Pennsylvania Superior Court issued a 2-1 opinion Monday rejecting an appeal from Paradise and Telecommunications Network Design, which filed the underlying lawsuit against Paradise.

"We intend to petition for rehearing," said Brian Wanca,...
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