Legal Opinion

Alea London Limited vs America Home Services, Inc.

Court of Appeals for the Eleventh Circuit

Decided April 13, 2011No. 10-11644, 10-11645PublishedCited by 56 opinions

1Opinion of the Court

HULL, Circuit Judge:

Plaintiff-Appellee Alea London Limited (“Alea” or “the insurer”) filed this declaratory judgment action, alleging it had no duty to defend or indemnify its insured, defendant American Home Services, Inc. (“AHS” or “the insured”), in state court litigation brought by A Fast Sign Company, Inc. (“FastSigns”). In the state lawsuit, FastSigns sued the insured, AHS, for sending unsolicited faxes in violation of the Telephone Consumer Protection Act of 1991 (“TCPA”).

In its summary judgment rulings, the district court concluded, inter alia, that (1) the insurer Alea had a duty to…

2Cases cited34 opinions

  1. Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
  2. Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.Supreme Court of the United States · 1977
  3. Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
  4. Vermont Agency of Natural Resources v. United States Ex Rel. StevensSupreme Court of the United States · 2000
  5. Agency Holding Corp. v. Malley-Duff & Associates, Inc.Supreme Court of the United States · 1987

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3Cited by56 opinions

  1. John Lary v. Trinity Physician Financial & Insurance ServicesCourt of Appeals for the Eleventh Circuit · 2015
  2. Breda v. Cellco PartnershipCourt of Appeals for the First Circuit · 2019
  3. Jackson v. Caribbean Cruise Line, Inc.District Court, E.D. New York · 2015
  4. Hunt v. HaddenDistrict Court, E.D. Michigan · 2015
  5. Breslow v. Wells Fargo Bank, N.A.District Court, S.D. Florida · 2012

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