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In Rodenburg LLP v. Certain Underwriters at Lloyd's of London, No. 20-2521, 2021 U.S. App. LEXIS 25516, at *2-4 (8th Cir. Aug. 25, 2021), the Court of Appeals for the 8th Circuit found no coverage for FDCPA claims under an attorneys' insurance policy.  The facts were as follows: Rodenburg, whose primary business is debt collection, obtained a default judgment on… Read More

In Parchman v. SLM Corporation, 2018 WL 3479228, at *6–10 (6th Cir. 2018), the Court of Appeals held that the TCPA is a remedial, not penal, statute and, therefore, survives the death of the Plaintiff.  The Court of Appeals held, however, that the survivability question was different than whether the substituted Plaintiff was a proper class representative. The district court… Read More

In Western World Insurance Company v. Professional Collection Consultants, 2018 WL 259309, at *1–2 (9th Cir. 2018), the Court of Appeals for the Ninth Circuit affirmed the District Court's summary judgment in favor of a D&O carrier who rescinded a policy due to the insured Debt Collection Agency's misrepresentation in the policy application. In August 2013, FBI agents executed a… Read More

In Repossession Specialists, Theodore Van Santen and Americredit, Plaintiffs–Appellants, v. Geico Insurance Company, Defendant–Respondent. Annetta Jackson, Plaintiff, V. Repossession Specialists Inc., Theodore Van Santen And Americredit, Defendants. --- A.3d ----, 2012 Wl 86798 (N.J.Super.A.D. 2012), the New Jersey Court of Appeal held, in a matter of first impression, that an automobile finance company was not entitled to coverage under its… Read More