Owners Ins. Co., et al v. European Auto Works, Inc., et al, No. 11-3068 (8th Cir. 2012)
Annotate this CasePlaintiffs brought a declaratory action seeking a ruling that their insurance policies issued to defendants did not cover class claims brought in state court by Percic Enterprises. The state court complaint alleged that defendants violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227(b)(1)(C), by sending unsolicited fax advertisements. After a settlement was reached in the state action, the federal district court concluded that damages sustained by sending unsolicited fax advertisements in violation of the TCPA were covered under the advertising provision of the policies. The court affirmed, applying standard Minnesota principles of insurance contract interpretation where unambiguous words were given their plain, ordinary, and popular meaning, and ambiguous language was construed in favor of the insured.
Court Description: Civil case - Insurance. Where the insured was ordered to pay damages for sending unsolicited faxes in violation of the Telephone Consumer Protection Act, the damages were covered by the advertising injury provisions of the policy in question. Judge Colloton, dissenting.
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