Alea London Limited v. A Fast Sign Co., Inc., No. 10-11644 (11th Cir. 2011)
Annotate this CasePlaintiff, Alea London Limited ("Alea"), filed a declaratory judgment action against American Home Services, Inc. ("AHS") alleging that it had no duty to defend or indemnify AHS when AHS was sued by A Fast Sign Company, Inc. ("Fastsigns") for sending unsolicited faxes in violation of the Telephone Consumer Protection Act of 1991 ("TCPA"). At issue was whether Alea had a duty to defend and indemnify AHS in the suit; whether the $500 per-claimant deductible in the Alea policy applied to coverage for AHS's advertising injury liability; whether the punitive damages exclusion in the Alea policy applied to any treble damages awarded against AHS under the TCPA; and whether the Alea policy covered costs but not attorneys' fees awarded against AHS. The court held that Alea had a duty to defend and indemnify AHS where any ambiguity in the policy was construed against Alea, the drafter of the policy, and in favor of coverage. The court also held that the "Optional Provisions Endorsement" plainly set forth a $500 per-claimant deductible for all "Advertising Injury Liability." The court further held that the punitive exclusion was ambiguous and must be construed against Alea in favor of coverage. The court finally held that Alea was not obligated to indemnify AHS for attorneys' fees awarded to Fastsigns where there was no language in the policy that lead to the conclusion that Alea would indemnify AHS for its opponents' attorneys' fees.
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