Policy Exclusions Defeat Payless Bid For $10M TCPA Coverage

Law360, New York (January 7, 2013, 3:11 PM EST) -- A Kansas federal judge on Friday tossed Payless ShoeSource Inc.’s coverage claims against National Union Fire Insurance Co. stemming from Telephone Consumer Protection Act class actions, saying the policies contained exclusions that applied in the case.

Payless brought the coverage suit against several insurers in August 2011, alleging breach of contract for their refusal to pay defense costs and to indemnify it for settling the underlying TCPA class actions brought in 2009 in Washington state and California, but U.S. District Judge J. Thomas Marten granted National...
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