Terra Nova Insurance v. Fray-Witzer

The principal issue we are asked to decide is whether unsolicited facsimile advertisements sent to Massachusetts residents by a New Jersey company, allegedly in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (2000) (TCPA), caused covered injuries under the terms of two general liability insurance policies.2 Although we conclude that the facsimile transmissions at issue were not “accidents,” for the purposes of insurance coverage, we hold that these advertisements violated their recipients’ right of privacy, such that insurance coverage is triggered.

1. Background.…