Cynosure, Inc. v. St. Paul Fire & Marine Ins. Co., No. 10-1119 (1st Cir. 2011)Annotate this Case
The company is being sued for sending commercial fax messages without consent from the recipients in violation of the Telephone Consumer Protection Act, 47 U.S.C. 227(b). Its insurers deny that coverage for "making known to any person or organization covered material that violates a person’s right of privacy" extends to liability under the Act. The First Circuit applied Massachusetts law and reversed the district court's declaratory judgment in favor of the insured company. The policy covers disclosure, not intrusion into privacy described by the Act.