Wis. Court Ruling Opens Door For Junk Fax Defense Coverage

Law360, New York (July 10, 2012, 9:10 PM EDT) -- A Wisconsin appeals court ruled Tuesday that West Bend Mutual Insurance Co. had a duty to defend against a class action over unsolicited fax advertisements, boosting policyholders' arguments that junk fax suits are covered under personal and advertising injury provisions, experts said.

A majority of Wisconsin appeals court judges held that West Bend's general liability policy afforded coverage for a Telephone Consumer Protection Act suit alleging Atlas Heating Sheet and Metal Works Inc. violated a company's right to be left alone by sending junk faxes. The...
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