Junk Fax Ruling Draws Map For Making Damages Insurable

Law360, New York (May 29, 2013, 7:05 PM EDT) -- The Illinois Supreme Court held last week that damages under the Telephone Consumer Protection Act can be covered by insurance because they are not punitive, a decision that will likely help policyholders across the country win coverage for not only TCPA damages, but also damages under other statutes, attorneys say.

Handing down a much-anticipated ruling, the state high court squelched a common argument that insurers have employed to prevent coverage for damages under the TCPA, a law that Congress passed in 1991 to stop junk faxes,...
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