Ill. Court Upholds Insurer's Win Over $7M Junk Fax Settlement

Law360, New York (December 16, 2013, 7:19 PM EST) -- An Illinois appeals court on Friday upheld Cincinnati Insurance Co.'s win in a coverage fight with Windmill Nursing Pavilion Ltd. over a $7 million settlement of a junk fax class-action settlement, finding the insurer gave proper notice of an Telephone Consumer Protection Act exclusion.

Cincinnati put up an initial $3 million to cover part of Windmill's settlement with its policyholder Unitherm Inc., which sent out thousands of unsolicited fax advertisements. But the insurer protested against footing the rest of the settlement.

Windmill claimed the insurer was...
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