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Nationwide Needn't Defend Spam Faxer, 3rd Circ. Rules

Law360, Los Angeles (January 9, 2014, 7:05 PM EST) -- The Third Circuit affirmed Thursday a lower court's ruling that Nationwide Mutual Insurance Co. doesn't need to defend a Pennsylvania commercial roofing company in class action litigation alleging it sent unsolicited faxes, saying the faxes were sent intentionally and could not be considered accidental.

In an unpublished opinion, the three-judge panel found that roofer David/Randall Associates Inc. wasn't entitled to coverage under a commercial general liability policy for injury or damage based on an "accident."

Randall Associates had argued that because the faxes had been sent by a third-party contractor they could be defined as accidental, but the panel ruled that...

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