Penzer, Michael, etc. vs. Transportation Insurance Company
Year 2007
Court Florida Supreme Court
Case Number SC08-2068, Lower Court Case No.: 07-13827-FF
Issue
  • Advertising Injury
  • Duty to Defend
State
  • Florida

Insurance companies have a duty to defend violations of the Telephone Consumer Protection Act (TCPA) under a CGL policy’s “advertising injury” clause even when the facsimile transmission does not disseminate private information. Despite the absence of private information, an unsolicited facsimile arguably can still constitute an unwarranted intrusion and violation of one’s right to privacy and activate the insurer’s defense obligation.

Related Docs
Author

UP's brief was written pro bono by Eugene R. Anderson, Esq., William G. Passannante, Esq. and Jane A. Horne, Esq. of Anderson, Kill and Olick, PC. R. Hugh Lumpkin, Esq. and Michael F. Huber, Esq. of the Florida firm of VerPloeg & Lumpkin (also UP sponsors

Related Cases
Aloha Petroleum v. National Union Fire Insurance Company
Year: 2024
Court: Hawaii Supreme Court
Case Number: SCCQ-23-0000515
Issue:
  • Duty to Defend
State:
  • Hawaii

In the Aloha Petroleum case, the Hawaii Supreme Court accepted a certified question from a Hawaii Federal District Court asking: (1) For any insurance policy defining a covered “occurrence” in part as an “accident,” can an “accident” include recklessness? and (2) For an “occurrence” insurance…
Hartford Fire Insurance Company v. Medline Industries, Inc. et al.
Year: 2023
Court: Appellate Court of Illinois, First Judicial District
Case Number: 1-23-0841
Issue:
  • Duty to Defend
State:
  • Illinois

In its amicus curiae brief, United Policyholders addresses the question of whether a liability insurer has a duty to defend an underlying lawsuit alleging only willful and intentional wrongdoing by an insured defendant but when liability could be established by proof of non-intentional, accidental conduct. Drawing…
Travelers Insurance Company, et al. v. Bodell Construction Company
Year: 2023
Court: Hawaii Supreme Court
Case Number: SCCQ-22-0000658
Issue:
  • Duty to Defend
State:
  • Hawaii

In its amicus brief, United Policyholders addresses a critical question that has split state high courts around the country: whether an insurance company can seek reimbursement or recoupment of previously paid defense fees and costs when the insurance policy contains no express provision allowing for…
QBE Insurance Corporation v. The Eighth Judicial District Court of the State of Nevada and Lamplight Village @ Centennial Springs Homeowners Association
Year: 2022
Court: Nevada Supreme Court
Case Number: 84181
Issue:
  • Duty to Defend
State:
  • Nevada

In its amicus curiae brief, United Policyholders addresses the special and ongoing obligations imposed on an insurance company that has undertaken the legal defense of its insured in an underlying tort lawsuit.