Penzer v. Transportation Insurance

Appellee Transportation Insurance Company (“Transportation”) issued to Southeast Wireless, Inc. (“Southeast”) a commercial liability insurance policy that included coverage for “advertising injury.” The provision covered “injury arising out of ... [o]ral or written publication of material that violates a person’s right of privacy.” (R.E. 62.) Penzer and Southeast entered into a class action settlement of claims that Southeast violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, based on unsolicited facsimile transmissions it sent to Penzer and others. 1 Southeast assigned…