Legal Opinion

American States Insurance Company v. Capital Associates of Jackson County, Inc.

Court of Appeals for the Seventh Circuit

Decided December 23, 2004No. 04-1659PublishedCited by 93 opinions

1Opinion of the Court

EASTERBROOK, Circuit Judge.

According to a complaint filed in state court, Capital Associates of Jackson County sent an unsolicited advertisement to the fax machine of JC Hauling Company, thus violating 47 U.S.C. § 227(b)(1)(C). JC Hauling launched a class action on behalf of all recipients of Capital Associates’ junk faxes. Capital Associates tendered the defense to American States Insurance Co., which had issued a policy covering “advertising injury,” among other harms. American States, which has undertaken the defense under a reservation of rights, filed this federal suit seeking a…

2Cases cited20 opinions

  1. Kyllo v. United StatesSupreme Court of the United States · 2001
  2. United States v. Morton Salt Co.Supreme Court of the United States · 1950
  3. Time, Inc. v. HillSupreme Court of the United States · 1967
  4. Crum & Forster Managers Corp. v. Resolution Trust Corp.Illinois Supreme Court · 1993
  5. Reno v. CondonSupreme Court of the United States · 2000

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3Cited by93 opinions

  1. Karamo B. Kaba v. E.A. Stepp, Mickal E. Laird, Dave Benson, and Joseph YonkmanCourt of Appeals for the Seventh Circuit · 2006
  2. Auto-Owners Insurance Company v. Stevens & Ricci IncCourt of Appeals for the Third Circuit · 2016
  3. Meridian Security Insurance Co. v. David L. SadowskiCourt of Appeals for the Seventh Circuit · 2006
  4. Valley Forge Insurance v. Swiderski Electronics, Inc.Illinois Supreme Court · 2006
  5. Park University Enterprises, Inc. v. American Casualty Co.Court of Appeals for the Tenth Circuit · 2006

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