Ill. Panel Lets Insurers Escape $8M Fax-Blast Coverage

Law360, New York (March 26, 2014, 2:24 PM EDT) -- An Illinois appeals court on Tuesday flipped a ruling that stuck two Zurich American Insurance Co. units with the $8 million tab from a fax-spamming class action settlement, applying Pennsylvania precedent that unsolicited communications are not accidental rather than policyholder-friendly Illinois law.

A unanimous Second District Appellate Court panel concluded that a trial court was obliged to consider whether a conflict existed between the respective state precedent surrounding coverage of unsolicited fax claims in Pennsylvania, where the insured was domiciled, and Illinois, the home state of...
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