Legal Opinion
Penzer v. Transportation Insurance
District Court, S.D. Florida
Decided July 16, 2007No. 04-61243-CIVPublishedCited by 8 opinions
1Opinion of the Court
Order on Motions for Summary Judgment as to Coverage
ADALBERTO JORDAN, District Judge.
The coverage issue in this insurance dispute is whether, under Florida law, the transmission of unsolicited commercial advertisements by facsimile constitutes “oral or written publication of material that violates a person’s right to privacy,” within a commercial liability policy’s coverage for “advertising injury,” where it is undisputed that the advertisements did not disclose any private facts about anyone. I conclude that the answer is no.
Accordingly, the partial summary judgment motion of Transportation…
2Cases cited29 opinions
- Auto-Owners Ins. Co. v. AndersonSupreme Court of Florida · 2000
- Bonilla v. Baker Concrete Construction, Inc.Court of Appeals for the Eleventh Circuit · 2007
- Valley Forge Insurance v. Swiderski Electronics, Inc.Illinois Supreme Court · 2006
- Park University Enterprises, Inc. v. American Casualty Co.Court of Appeals for the Tenth Circuit · 2006
- Resource Bankshares Corporation Resource Bank v. St. Paul Mercury Insurance Company, American Casualty Company of Reading, Pennsylvania Erie Insurance Company Federal Insurance Corporation Great Northern Insurance Company, Amici Supporting Resource Bankshares Corporation Resource Bank v. St. Paul Mercury Insurance Company, American Casualty Company of Reading, Pennsylvania Erie Insurance Company Federal Insurance Corporation Great Northern Insurance Company, Amici SupportingCourt of Appeals for the Fourth Circuit · 2005
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3Cited by8 opinions
- Penzer v. Transportation Insurance Co.Supreme Court of Florida · 2010
- Penzer v. Transportation InsuranceCourt of Appeals for the Eleventh Circuit · 2008
- Penzer v. Transportation InsuranceCourt of Appeals for the Eleventh Circuit · 2010
- PENZER v. Transportation Ins. Co.Court of Appeals for the Eleventh Circuit · 2008
- GUY'S WORLD, INC. v. CondonDistrict Court of Appeal of Florida · 2008
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