Claims Implicated TCPA Exclusion, Panel Says, Affirms No Coverage Ruling
(May 12, 2016, 7:51 AM EDT) -- CHICAGO — An Illinois appeals panel on May 9 affirmed a lower court’s ruling that an insurer has no duty to defend or indemnify its pizzeria insured for an underlying $1,818,000 settlement over claims that it violated the Telephone Consumer Protection Act (TCPA) by sending unsolicited fax ads to 3,636 recipients (Mortesa "Marty" Fayezi, et al. v. Illinois Casualty Co., No. 1-15-0873, Ill. App., 1st Dist., 1st Div.; 2016 Ill. App. Unpub. LEXIS 898).