TCPA Claims Arising From Junk Faxes Do Not Allege Unexpected or Unintended 'Property Damage'

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U.S. District Court for the Northern District of Illinois

In Maxum Indem. Co. v. Eclipse Mfg. Co., ___ F.Supp.2d ___, (N.D. Ill. June 13, 2011), the U.S. District Court for the Northern District of Illinois held that claims asserted in an underlying class action based on the federal Telephone Consumer Protection Act (TCPA) did not allege covered "property damage" caused by an unexpected or unintended "occurrence," and that any potential advertising injury coverage for the TCPA claims was limited to claims asserted by individuals who are not associated with a business entity.

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Published In: Communications & Media Updates, Consumer Protection Updates, Insurance Updates, Personal Injury Updates, Privacy Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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