C. Zachary Rosenberg

C. Zachary Rosenberg

BakerHostetler

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Unprofessional Marketing: Illinois Appellate Court Denies Professional Liability Coverage for TCPA Violation

On November 26, 2014, an Illinois appellate court held that a professional liability insurer had no duty to defend or indemnify its insured for a class action brought under the Telephone Consumer Protection Act (TCPA) because...more

12/12/2014 - Duty to Defend Insurance Litigation Liability Insurance Marketing Policy Exclusions Popular Robocalling TCPA

It Is Finally Here-the Sun Shines on a New Era

The Centers for Medicare and Medicaid Services (CMS) publicly launched a database this week detailing the payments doctors and teaching hospitals have received from drug and medical device manufacturers. Under the Physician...more

10/6/2014 - Affordable Care Act CMS Health Care Providers Hospitals Manufacturers Pharmaceutical Manufacturers Physician Medicare Reimbursements Sunshine Act

Rising up from the Trenches: Ninth Circuit Broadly Interprets Breach of Contract Exclusion in Trademark Infringement Case

On May 23, 2014, the Ninth Circuit upheld a California district court decision that broadly interpreted the breach of contract exclusion in a commercial general liability policy to preclude coverage for all personal and...more

6/12/2014 - Breach of Contract Commercial General Liability Policies Infringement Trademark Litigation Trademarks

Those Blasted Exclusions! Court Rules that Notice of TCPA Exclusion in Renewal Policy was Valid

Last week, the Illinois Court of Appeals released an opinion ruling that Cincinnati Insurance Company has no obligation to contribute an additional $4 million to a settlement of a class action claim brought under the...more

2/6/2014 - Class Action Exclusions TCPA Umbrella Policies

Three, Two, One, Blast Off! Illinois Court Finds Coverage for Blast Fax TCPA Violations

Last year, the Illinois Supreme Court held statutory damages of $500 per occurrence for violations of the Telephone Consumer Protection Act (TCPA) were not punitive in nature and reversed an Illinois appellate court decision...more

1/30/2014 - Class Action Policy Violations Spam TCPA Unsolicited Faxes

TCPA Class Action Settlements in Illinois—the Dispute Between Client and Insurer Rages On

On October 31, 2013, the Northern District of Illinois forced two insurers to cover a $6 million settlement of a TCPA class action despite claims that their insured, M&M Retail Center, Inc., settled for an inflated amount it...more

11/7/2013 - Class Action Duty to Defend Insurers Settlement TCPA Unsolicited Faxes

Call Me, Maybe? A Nationwide Survey of Insurance Coverage for TCPA Class Actions

The Telephone Consumer Protection Act (TCPA) restricts telephone solicitations and limits the use of automatic dialing systems, prerecorded voice messages, SMS text messages, and faxes. TCPA plaintiffs typically claim that...more

10/22/2013 - Class Action Robocalling TCPA Telemarketing Texting Unsolicited Faxes

Make a Federal Case Out of It!

The Ninth Circuit Eases the way into Federal Court for Class Action Defendants - On August 27, 2013, the Ninth Circuit lowered the burden of proof for class action defendants to remove their cases to federal court....more

9/3/2013 - AT&T Class Action Federal Jurisdiction Standard Fire Ins. Co. v. Knowles

Leave It to Hollywood: No D&O Insurance Coverage for Failure to Pay Leave It to Beaver Television Royalties

On July 11, 2013, the Central District of California held that a liability insurer is not required to reimburse its insured for costs arising out of a breach of contract class action claim....more

7/19/2013 - Breach of Contract Class Action D&O Insurance Royalties SAG

Courts Are Liberally Construing Litigation Insurance Coverage for Class Action Defenses and So Should Defendants

Although the Supreme Court continues to set the bar for class certification higher and higher, plaintiffs’ attorneys continue to file class action lawsuits of questionable merit. The litigation costs required to gain...more

5/8/2013 - Class Action Class Certification Insurers Litigation Insurance

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