ACS Systems, Inc. v. St. Paul Fire & Marine Insurance
California Court of Appeal
[CERTIFIED FOR PARTIAL PUBLICATION*]
1Opinion of the Court
Opinion
KITCHING, J.
I. INTRODUCTION
This case presents the question whether a liability insurer providing coverage for “advertising injury” and “property damage” is required to defend its insured in an action charging the insured with sending unsolicited advertisements to fax machines in violation of the federal Telephone Consumer Protection Act of 1991 (TCPA) (47 U.S.C. § 227(b)(1)(C)), and with invasion of privacy caused by those faxed advertisements.
Because we hold that the advertising injury and property damage provisions of the insurance policy did not provide coverage for liability for…
2Cases cited25 opinions
- Blank v. KirwanCalifornia Supreme Court · 1985
- Waller v. Truck Insurance Exchange, Inc.California Supreme Court · 1995
- Bank of the West v. Superior CourtCalifornia Supreme Court · 1992
- Park University Enterprises, Inc. v. American Casualty Co.Court of Appeals for the Tenth Circuit · 2006
- Palmer v. Truck Insurance ExchangeCalifornia Supreme Court · 1999
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3Cited by31 opinions
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- Penzer v. Transportation InsuranceCourt of Appeals for the Eleventh Circuit · 2008
- Total Call International, Inc. v. Perless InsuranceCalifornia Court of Appeal · 2010
- Lyons v. Fire Insurance ExchangeCalifornia Court of Appeal · 2008
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