Emcasco Insurance v. CE Design, Ltd.

PHILLIPS, Circuit Judge.

This case started with a junk fax. In April 2008, Custom Mechanical Equipment, Inc. (Custom), an Oklahoma company, faxed an advertisement to CE Design in Illinois. Unlike most junk fax recipients, who simply dispose of these faxes, CE Design sued Custom under federal and state law. CE Design brought a class action suit of people and businesses that had also received unsolicited faxes from Custom. After Custom’s insurer, Emcasco Insurance Company (Emcasco), declined to defend, Custom settled with CE Design for a considerable sum. In settling, CE Design agreed not to…