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Chicago attorneys Milind Parekh and Sara Doran's article appears in Law360
"The Ongoing Debate Over Fax-Blasting Claims Coverage"
January 15, 2010
Milind Parekh
"Recently, three federal courts have considered whether general liability insurance covers liability for sending unsolicited fax advertisements in violation of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227.
Alea London Ltd. v. American Home Services Inc., No. 1:09-CV-158 (N.D. Ga. Dec. 1, 2009) (“Alea”),
New Century Mortg. Corp. v. Great Northern Ins. Co., 2009 U.S. Dist. LEXIS 100033 (D. Del. October 26, 2009) (“New Century”) and
Auto-Owners Ins. Co. v. Websolv Computing, Inc., 580 F.3d 543 (7th Cir. Sep. 1, 2009) (“Websolv”).
"The number of these cases is somewhat surprising given the extensive use of e-mail - rather than faxes - as a means of communicating, coupled with exclusions developed by the insurance industry that specifically preclude coverage for TCPA claims.
"However, these recent cases, and a decision that is expected soon by the Florida Supreme Court on certified question from the Eleventh Circuit Court of Appeals, show that this area of law is far from dead, and instead, is continuing to grow."
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Law360.