Westchester Wins W3i Coverage Fight In 8th Circ.

Law360, New York (February 15, 2011, 4:23 PM EST) -- The Eighth Circuit on Tuesday affirmed a ruling that Westchester Fire Insurance Co. wasn’t obligated to defend W3i Mobile LLC in two putative class actions claiming the cell phone content provider billed clients for unauthorized charges.

The U.S. Court of Appeals for the Eighth Circuit held that W3i’s policy with Westchester absolved the insurer of covering the two underlying suits because the plaintiffs’ claims involved the company’s products and were therefore exempt from coverage.

According to the court’s order, issued by a three-judge panel, the policy...
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