Insurer Says Corporations Can't Claim TCPA Privacy Rights

Law360, New York (December 4, 2013, 4:48 PM EST) -- Maxum Indemnity Co. told an Illinois federal judge on Tuesday that it had no duty to indemnify a $6 million fax-blast settlement, arguing the claims in the underlying class action weren't for coverage-triggering privacy violations, but rather were property damage claims.

Despite the court’s Oct. 31 opinion calling event-planning company M&M Retail Center Inc.'s settlement reasonable and allowing the underlying plaintiff to seek indemnification, Maxum contends that underlying plaintiff Italia Foods’ claims for coverage should be dismissed because the Telephone Consumer Protection Act does not recognize...
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