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Auto-Owners Insurance Company v. Stevens & Ricci Inc.

(United States Third Circuit) – In an insurance coverage dispute brought by an insurer seeking a declaration that it has no obligation to defend or indemnify its insured in connection with a $2,000,000 judgment entered against the insured as part of the settlement of a class action lawsuit involving violations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. section 227, for sending unsolicited fax advertisements, the District Court’s grant of summary judgment to insurer is affirmed where the sending of unsolicited fax advertisements in violation of the TCPA did not fall within the terms of the insurance policy.

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