Insurer Seeks To Avoid Covering Hertz's TCPA Suit Defense

Law360, New York (August 13, 2012, 7:08 PM EDT) -- National Casualty Co. asked a New Jersey federal judge Friday to find it has no duty to defend or indemnify Hertz Equipment Rental Corp. in a proposed class action that alleges Hertz violated the Telephone Consumer Protection Act by sending thousands of unrequested faxes.

The insurer said two policy provisions protect it from having to pay Hertz's defense costs in the Kansas lawsuit: one that specifically excludes unsolicited advertising claims, and another that requires Hertz to promptly notify it of any claims or lawsuits.

Hertz allegedly...
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