Legal Opinion

Siding and Insulation Co. v. Acuity Mutual Ins. Co.

Court of Appeals for the Sixth Circuit

Decided June 10, 2014No. 13-3884PublishedCited by 23 opinions

1Opinion of the Court

OPINION

COOK, Circuit Judge.

This insurance coverage dispute stems from a class action alleging that Beach-wood Hair Clinic, Inc. (“Beachwood”) violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, by disseminating more than 37,000 unsolicited fax advertisements between 2005 and 2006. See generally Siding & Insulation Co. v. Beachwood Hair Clinic, Inc. (“Siding I”), No. 11-CV-1074 (N.D.Ohio). Facing more than $18 million in statutory damages, Beachwood and its insurer, Acuity Mutual Insurance Co. (“Acuity”), agreed to an approximate $4-million class settlement with the…

2Cases cited38 opinions

  1. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  2. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  3. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  4. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  5. Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977

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3Cited by23 opinions

  1. Auto-Owners Insurance Company v. Stevens & Ricci IncCourt of Appeals for the Third Circuit · 2016
  2. American Family Mutual Ins. Co v. St. Louis Heart Center, Inc.Court of Appeals for the Eighth Circuit · 2019
  3. Laura Hudak v. Elmcroft of Sagamore HillsCourt of Appeals for the Sixth Circuit · 2023
  4. Mehrdad Hosseini v. Jeh JohnsonCourt of Appeals for the Sixth Circuit · 2016
  5. Acuity, A Mut. Ins. Co. v. Siding & Insulation Co.Ohio Court of Appeals · 2016

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