Why Even Insured Businesses Should Beware TCPA Violations

Law360, New York (November 7, 2016, 2:35 PM EST) -- The Third Circuit affirmed a decision by the Eastern District of Pennsylvania in September that a law firm's commercial general liability insurance policy, which covered "property damage" and "advertising injury," did not extend to claims brought by a class of consumers looking to recoup their damages stemming from a law firm's violation of the Telephone Consumer Protection Act.[1] In Auto-Owners Insurance Company v. Stevens & Ricci Inc.,[2] the appellate court held that the district correct correctly exercised diversity jurisdiction over the declaratory judgment action brought by the plaintiff insurance company, and that its grant of summary judgment, in which it held that the insurance company was not responsible for paying the TCPA plaintiffs pursuant to an insurance policy, was correct.[3]...

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