ACE American Insurance Company v. Dish Network

McHUGH, Circuit Judge.

In this appeal we must decide whether the district court correctly held that ACE American Insurance Company (ACE) has no duty to defend and indemnify DISH Network (DISH) in a lawsuit alleging that DISH's use of telemarketing phone calls violated various federal and state laws. The primary question is whether statutory damages and injunctive relief under the Telephone Consumer Protection Act are *885 "damages" under the insurance policies at issue and insurable under Colorado law, or are uninsurable "penalties." We conclude they are penalties under controlling Colorado law,…