Case Study: Cynosure V. St. Paul Fire & Marine

Law360, New York (May 27, 2011, 2:02 PM EDT) -- The U.S. Court of Appeals for the First Circuit recently held that an insurance policy covering “making known … material that violates a person’s right of privacy” does not cover an insured’s sending unsolicited, unconsented-to faxes to recipients in violation of the Telephone Consumer Protection Act, where the alleged underlying violation was the intrusion upon the fax recipients.

In light of this recent decision, companies should consider the impact of the First Circuit’s ruling in assessing the extent of coverage required by advertising-related policies.

The plaintiff,...
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