1st Circ. Urged To Revive 3rd Party's TCPA Coverage Suit

Law360, New York (March 19, 2013, 10:27 PM EDT) -- Design firm CE Design Ltd. on Monday asked the First Circuit to reinstate its coverage suit against American Economy Insurance Co., which represents kitchen remodeler Ernida LLC, the target of a junk fax class action filed by CE.

A Massachusetts district court, noting that it was unusual that the third-party plaintiff had filed a declaratory judgment suit, had dismissed CE’s suit seeking a declaration that American Economy owed Ernida coverage, ruling CE had no injury to claim and thus no standing to pursue its claims. CE...
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