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.
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
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