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In Ace American Insurance Company v. Dish Network, LLC, 2018 WL 988404, at *4–7 (C.A.10 (Colo.), 2018), the Court of Appeals for the Tenth Circuit held that the TCPA"s statutory damages were uninsurable penalties, so DISH Network was not owed either a duty to defend or to indemnify DISH Network in litigation filed by the federal government and various states… Read More

In Standard Mut. Ins. Co. v. Lay, --- N.E.2d ----, 2013 IL 114617, 2013 WL 2253203 (Ill. 2013), the Illinois Supreme Court held that the $500 penalty available under the TCPA was not punitive and, accordingly, was not precluded from insurability.  Also, Congress intended the $500 liquidated damages available under the TCPA to be, at least in part, an incentive… Read More

In Owners Ins. Co. v. European Auto Works, Inc., --- F.3d ----, 2012 WL 4052406 (8th Cir. 2012), the Court of Appeals for the Eighth Circuit found insurance coverage for a TCPA unsolicited fax case under the insured’s standard form CGL policy. Owners Insurance Company and Auto–Owners Insurance Company brought this declaratory judgment action seeking a ruling that their insurance… Read More